Legal Opinion

Cousins v. Commonwealth

Court of Appeals of Virginia

Decided May 25, 2010No. 1318093PublishedCited by 5 opinions

1Opinion of the Court

ELDER, Judge.

Marcious Antoine Cousins (appellant) appeals from his jury trial convictions for second-degree murder and use of a firearm during the commission of a felony, and his bench trial conviction for possession of a firearm by a convicted felon. On appeal, he contends the trial court improperly prohibited him from using evidence that the decedent belonged to a particular gang, erroneously preventing him (1) from questioning the jury pool about possible gang affiliations to assess bias, (2) from cross-examining one of the Commonwealth’s witnesses about his affiliation with the decedent’s…

2Cases cited31 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  4. Davis v. AlaskaSupreme Court of the United States · 1974
  5. United States v. AbelSupreme Court of the United States · 1984

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3Cited by5 opinions

  1. Jason N. Creamer v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015
  2. Burdis Gene Barker, Jr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
  3. Jeffrey Scott Haas v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
  4. Jose Vidal Pereira v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2025
  5. Robert Christopher Ames v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017

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