Legal Opinion

Com. v. Hudgins

Supreme Court of Virginia

Decided April 22, 2005No. Record 041585PublishedCited by 15 opinions

1Opinion of the Court

CARRICO, Senior Justice.

This case involves a claim of double jeopardy and the sole question for decision is whether grand larceny from the person is a lesser-included offense of robbery. The question arose from an incident occurring on October 1, 2000, when the defendant, Tarik Hasan Hudgins, pushed eleven-year-old Benjamin S. Brinkley (Benjamin) from his bicycle and took the bicycle from him.

An indictment returned by a grand jury charged that the defendant "did rob [Benjamin] of U.S Currency or other personal property, in violation of Code § 18.2-58." In a bench trial, the defendant was…

2Cases cited21 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. North Carolina v. PearceSupreme Court of the United States · 1969
  4. Brown v. OhioSupreme Court of the United States · 1977
  5. United States v. DixonSupreme Court of the United States · 1993

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3Cited by15 opinions

  1. Johnson v. CommonwealthCourt of Appeals of Virginia · 2011
  2. West v. DIRECTOR OF THE DEPARTMENT OF CORRECTIONSSupreme Court of Virginia · 2007
  3. Ali v. Com.Supreme Court of Virginia · 2010
  4. Armstead v. CommonwealthCourt of Appeals of Virginia · 2009
  5. United States v. Terry WhiteCourt of Appeals for the Fourth Circuit · 2021

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

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