Legal Opinion
Highsmith v. Commonwealth
Court of Appeals of Virginia
Decided August 19, 1997No. 1120964PublishedCited by 23 opinions
1Opinion of the Court
FITZPATRICK, Judge.
On March 21, 1996, Charles A. Highsmith, Jr. (appellant) was convicted by the Circuit Court of Arlington County (trial court) in a jury trial of driving while intoxicated (DWI) in violation of Code § 18.2-266. The sole issue on appeal is whether the general district court’s (district court) pretrial dismissal of the DWI warrant precluded the Commonwealth, under the doctrine of res judicata or the related plea of autrefois acquit> from indicting appellant for the same offense. For the following reasons, we reverse the decision of the trial court.
BACKGROUND
In the early…
2Cases cited21 opinions
- United States v. ScottSupreme Court of the United States · 1978
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- United States v. OppenheimerSupreme Court of the United States · 1916
- Bates v. DeversSupreme Court of Virginia · 1974
- Simon v. CommonwealthSupreme Court of Virginia · 1979
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3Cited by23 opinions
- Rathbun v. StateWyoming Supreme Court · 2011
- Painter v. CommonwealthCourt of Appeals of Virginia · 2005
- Field Auto City, Inc. v. General Motors Corp.District Court, E.D. Virginia · 2007
- Neff v. CommonwealthCourt of Appeals of Virginia · 2002
- Cdm Enterprises v. Manufactured Housing Bd.Court of Appeals of Virginia · 2000
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