Legal Opinion

Lee v. Commonwealth

Supreme Court of Virginia

Decided April 20, 1979No. Record 780552PublishedCited by 30 opinions

1Opinion of the CourtPoff, J.

The principal issue on this appeal is whether the Commonwealth was collaterally estopped, by dismissal of a misdemeanor warrant charging Daniel Ogram Lee with driving after revocation of his operator’s license, to prosecute him for the felonies of manslaughter and hit and run driving.

The issue arose on defendant’s pre-trial motion to dismiss the felony indictments. Filed with the motion was a “Statement of Proceedings in Lower Court” signed by defendant’s counsel and the attorney for the Commonwealth. Upon this stipulation of proceedings in the district court, the trial court overruled…

2Cases cited5 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Clodfelter v. CommonwealthSupreme Court of Virginia · 1977
  4. CA JONES v. CommonwealthSupreme Court of Virginia · 1976
  5. Clodfelter v. CommonwealthSupreme Court of Virginia · 1977

3Cited by30 opinions

  1. Pijor v. CommonwealthSupreme Court of Virginia · 2017
  2. Simon v. CommonwealthSupreme Court of Virginia · 1979
  3. Rhodes v. CommonwealthSupreme Court of Virginia · 1982
  4. Elmore v. CommonwealthCourt of Appeals of Virginia · 1996
  5. Commonwealth v. DavisSupreme Court of Virginia · 2015

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