Legal Opinion

Commonwealth v. Block

Charlottesville County Circuit Court

Decided January 13, 1999No. Case No. (Criminal) 98-305; Case No. (Criminal) 98-404Published

1Opinion of the Court

BY JUDGE EDWARD L. HOGSHIRE

The Block and Shifflett cases have been consolidated on appeal as they both address similar issues. On appeal from decisions by the General District Court, the Defendants have moved for a bill of particulars and to dismiss based on a double jeopardy violation. Upon reviewing the submissions of die parties, the Court concludes that the motion for a bill of particulars should be granted but that the motion to dismiss should be denied.

Statement of Facts

Both Defendants were charged and convicted under Va. Code § 18.2-266 for driving under the influence (“DUI”). A…

2Cases cited6 opinions

  1. Schiro v. FarleySupreme Court of the United States · 1994
  2. Mickens v. CommonwealthSupreme Court of Virginia · 1996
  3. Hagood v. CommonwealthSupreme Court of Virginia · 1932
  4. Commonwealth v. DedererFairfax County Circuit Court · 1995
  5. Commonwealth v. MitchellRoanoke County Circuit Court · 1987

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