Legal Opinion

Whorley v. Commonwealth

Supreme Court of Virginia

Decided April 28, 1975No. Record 740490PublishedCited by 37 opinions

1Opinion of the CourtHarrison, J.

We decide here whether the Commonwealth may rely upon an order adjudging a defendant to be a habitual offender which is based, in part, upon a misdemeanor conviction obtained in the absence of counsel.

On November 4, 1970, action was taken against Charles William Whorley in the Circuit Court of Bedford County under the Virginia Habitual Offender Act, Code § 46.1-387.6. He was adjudged to be a habitual offender, and this resulted in the revocation of his driver’s license for a period of ten years. The defendant was advised that if he were convicted of operating a motor vehicle in Virginia…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  2. Argersinger v. HamlinSupreme Court of the United States · 1972
  3. Berry v. City of CincinnatiSupreme Court of the United States · 1973
  4. Ernest Jackson Cottle v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
  5. Martin P. Marston v. R. M. Oliver, Superintendent of the Virginia State FarmCourt of Appeals for the Fourth Circuit · 1973

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3Cited by37 opinions

  1. Empy v. StateCourt of Criminal Appeals of Texas · 1978
  2. People v. McKnightSupreme Court of Colorado · 1980
  3. Slaughter v. CommonwealthSupreme Court of Virginia · 1981
  4. Nelson v. TullosMississippi Supreme Court · 1975
  5. City of Grand Forks v. MataNorth Dakota Supreme Court · 1994

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

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