Legal Opinion

Branch v. Commonwealth

Court of Appeals of Virginia

Decided March 23, 2004No. 2784022PublishedCited by 13 opinions

1Opinion of the Court

HUMPHREYS, Judge.

Dwayne Earl Branch appeals his conviction, after a bench trial, for possession of a firearm after having been convicted of a felony, in violation of Code § 18.2-308.2. Branch argues the trial court erred for two reasons in finding the evidence sufficient, as a matter of law, to support the conviction. First, because the Commonwealth failed to prove that he intended to violate the statute. Second, because Branch had the right to “rely upon the assurances of a gun dealer licensed by the [Commonwealth] that it was permissible for [him] to purchase a firearm.” For the reasons…

2Cases cited10 opinions

  1. Ohree v. CommonwealthCourt of Appeals of Virginia · 1998
  2. Armstrong v. CommonwealthSupreme Court of Virginia · 2002
  3. Shackleford v. CommonwealthSupreme Court of Virginia · 2001
  4. Alger v. CommonwealthSupreme Court of Virginia · 2004
  5. Swann v. CommonwealthSupreme Court of Virginia · 1994

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3Cited by13 opinions

  1. State v. RainoldiOregon Supreme Court · 2011
  2. Kenneth Ray Palmer v. CommonwealthCourt of Appeals of Virginia · 2006
  3. Cody Wayne Coleman v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2026
  4. Commonwealth v. ClaytorAugusta County Circuit Court · 2013
  5. Dennis Christopher Howard v. Sheriff Roger L. HarrisCourt of Appeals of Virginia · 2024

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