Legal Opinion

Smith v. Commonwealth

Court of Appeals of Virginia

Decided June 15, 2010No. 0422091PublishedCited by 15 opinions

1Opinion of the Court

*353HUMPHREYS, Judge.

BACKGROUND

Following the trial court’s denial of his motion to suppress,1 David Smith (“Smith”) entered into an agreement to plead guilty to abduction and forcible sodomy on July 24, 2008. As part of that agreement, Smith reserved the right to appeal the trial court’s denial of his motion. Smith timely filed both his notice of appeal and petition for appeal, but failed to file the transcript from his suppression hearing in the trial court within sixty days after entry of final judgment, as required by Rule 5A:8. Consequently, the transcript for Smith’s suppression hearing is…

2Cases cited21 opinions

  1. Bowles v. RussellSupreme Court of the United States · 2007
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. Purcell v. GonzalezSupreme Court of the United States · 2006
  4. Schacht v. United StatesSupreme Court of the United States · 1970
  5. Porter v. Com.Supreme Court of Virginia · 2008

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3Cited by15 opinions

  1. Smith v. Com.Supreme Court of Virginia · 2011
  2. Quindell Montrae Kirby v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2014
  3. State v. BoswellSupreme Court of South Carolina · 2011
  4. Antoine Fitzgerald Smith v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2010
  5. Antonio Eugene Palmer v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2011

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