Legal Opinion
Commonwealth v. Perrigan
Wise & Norton County Circuit Court
Decided October 18, 1985No. Case No. L85-336; Case No. L84-26; Case No. L85-102; Case No. L85-372PublishedCited by 1 opinion
1Opinion of the Court
By JUDGE J. ROBERT STUMP
The four above habitual offender cases with similar issues were jointly submitted to the court for decision based solely on the file and record. No evidence was presented, but briefs were filed by counsel.
I
One D.U.I. conviction in the Perrigan case occurred in Kentucky. The defendant contends that the Uniform Citation from Kentucky is not certified by the Kentucky clerk on the back. Therefore, it is not admissible to establish one of the three necessary convictions to prove he is an habitual offender. But the affidavit on the reverse side of the Kentucky court record…
2Cases cited8 opinions
- Argersinger v. HamlinSupreme Court of the United States · 1972
- Lewis v. United StatesSupreme Court of the United States · 1980
- Martin P. Marston v. R. M. Oliver, Superintendent of the Virginia State FarmCourt of Appeals for the Fourth Circuit · 1973
- Whorley v. CommonwealthSupreme Court of Virginia · 1975
- Leonard W. Ferguson v. John S. Gathright, Superintendent Bland Correctional FarmCourt of Appeals for the Fourth Circuit · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commonwealth v. SwansonFairfax County Circuit Court · 1989