Legal Opinion

Thomas v. Commonwealth

Court of Appeals of Virginia

Decided August 15, 2006No. 1467054PublishedCited by 88 opinions

1Opinion of the Court

KELSEY, Judge.

Robert Daniel Thomas failed to appear in general district court for a preliminary hearing on a felony arrest warrant. The Commonwealth charged Thomas with “willfully” failing to appear in violation of Code § 19.2-128(B). At his failure-to-appear jury trial, Thomas unsuccessfully moved to strike the evidence on the ground that the evidence failed to show that the general district court informed him of the prehminary hearing date. The unique circumstances of this case compel us to agree with Thomas and to reverse his conviction.

I

On the felony failure-to-appear charge, the…

2Cases cited9 opinions

  1. Crowder v. CommonwealthCourt of Appeals of Virginia · 2003
  2. Person v. MillerCourt of Appeals for the Fourth Circuit · 1988
  3. United States v. Maria Ann Dior, United States of America v. United States District Court for the Western District of WashingtonCourt of Appeals for the Ninth Circuit · 1982
  4. Stevens v. CommonwealthCourt of Appeals of Virginia · 2005
  5. Graham v. StateSupreme Court of Georgia · 2002

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3Cited by88 opinions

  1. Clanton v. CommonwealthCourt of Appeals of Virginia · 2009
  2. Bowman v. CommonwealthSupreme Court of Virginia · 2015
  3. Cooper v. CommonwealthCourt of Appeals of Virginia · 2009
  4. Andy Chavez v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
  5. Ervin v. CommonwealthCourt of Appeals of Virginia · 2011

83 more not listed; retrieve them via the Exa API.

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