Legal Opinion
Deiter v. Commonwealth
Supreme Court of Virginia
Decided January 18, 1965No. Record 5826PublishedCited by 8 opinions
1Opinion of the CourtCarrico, J.
This appeal presents the question of whether a prisoner can be sentenced as a recidivist upon an information, timely filed, at a time when, although still an inmate in the penitentiary, he has completed serving the sentence upon which the information is based.
The situation developed, chronologically, in the following manner:
On November 1, 1960, Urban Leroy Deiter, Jr., was convicted of the offense of breaking and entering in the Circuit Court of Nelson County. He was sentenced to serve two years in the penitentiary, and was received therein pursuant to the order of conviction.
This was…
2Cases cited16 opinions
- Gryger v. BurkeSupreme Court of the United States · 1948
- Chewning v. CunninghamSupreme Court of the United States · 1962
- Reynolds v. CochranSupreme Court of the United States · 1961
- State v. JohnstoneSupreme Court of Missouri · 1960
- Johnson v. CrouseSupreme Court of Kansas · 1963
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Simon v. CommonwealthCourt of Appeals of Virginia · 2011
- Lott v. CoxNew Mexico Supreme Court · 1966
- Rodriguez v. CommonwealthCourt of Appeals of Virginia · 2003
- Robert Lee Ferguson v. J. D. Cox, Superintendent, Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1972
- Lawrence v. CommonwealthSupreme Court of Virginia · 1965
3 more not listed; retrieve them via the Exa API.