Legal Opinion
James v. Commonwealth
Court of Appeals of Virginia
Decided April 18, 1989No. Record No. 0774-87-2PublishedCited by 11 opinions
1Opinion of the Court
Opinion
COLE, J.
The appellant, Cornelius Marcellus James, was convicted by a jury of burglary, abduction, rape, forcible sodomy, and robbery. The issues on appeal are: (1) whether James’ arrest was lawful, and (2) whether the trial court erred in excluding the past recollection recorded of witness Dr. Lynn Smith. We find the arrest lawful, but also find that the court erred in excluding portions of Dr. Smith’s testimony. Because we cannot find that the error was harmless, we reverse and remand.
On October 17, 1986, off-duty police officer Duncan Pence was working in uniform as a security guard…
2Cases cited13 opinions
- DePriest v. CommonwealthCourt of Appeals of Virginia · 1987
- Evans v. CommonwealthSupreme Court of Virginia · 1975
- State v. CornSupreme Court of North Carolina · 1982
- Horne v. CommonwealthSupreme Court of Virginia · 1986
- State v. TharpSupreme Court of Louisiana · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Abney v. CommonwealthCourt of Appeals of Virginia · 2008
- Jones v. CommonwealthCourt of Appeals of Virginia · 1994
- Bailey v. CommonwealthCourt of Appeals of Virginia · 1995
- Staton v. KingNorfolk County Circuit Court · 2003
- Harold Kenneth Dickerson, III v. CommonwealthCourt of Appeals of Virginia · 2000
6 more not listed; retrieve them via the Exa API.