Legal Opinion
Yap v. Commonwealth
Court of Appeals of Virginia
Decided April 24, 2007No. 0903064PublishedCited by 10 opinions
1Opinion of the Court
FRANK, Judge.
Edward Yap, appellant, was convicted, in a bench trial, of driving under the influence, in violation of Code § 18.2-266. 1 On appeal, he contends: (1) the trial court erred in denying his motion to dismiss his indictment because the district court did not have good cause to grant the Commonwealth’s motion to nolle prosse his charge; (2) the presumption contained in Code § 18.2-266, as interpreted by this Court in Davis v. Commonwealth, 8 Va.App. 291, 381 S.E.2d 11 (1989), violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution and Article I,…
2Cases cited27 opinions
- Francis v. FranklinSupreme Court of the United States · 1985
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Victor v. NebraskaSupreme Court of the United States · 1994
- Barnes v. United StatesSupreme Court of the United States · 1973
- United States v. GaineySupreme Court of the United States · 1965
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3Cited by10 opinions
- Andre Eugene Sanders v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015
- Michael Jonthan Garland Saunders v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2014
- District of Columbia v. FitzgeraldDistrict of Columbia Court of Appeals · 2008
- Johnson v. CommonwealthCourt of Appeals of Virginia · 2010
- Commonwealth v. TocciCharlottesville County Circuit Court · 2012
5 more not listed; retrieve them via the Exa API.