Legal Opinion

Shifflett v. Commonwealth

Court of Appeals of Virginia

Decided December 30, 1997No. 2258952PublishedCited by 6 opinions

1Opinion of the Court

BENTON, Judge.

Vernon Leroy Shifflett was convicted by a jury of driving after having been adjudicated an habitual offender and after having been twice convicted of the same offense. The jury sentenced him to three years imprisonment. Shifflett contends that the trial judge erred in excluding from the jury’s consideration mitigating evidence relevant to sentencing. A panel of this Court, with one judge dissenting, affirmed the trial judge’s decision. See Shifflett v. Commonwealth, 24 Va.App. 538, 484 S.E.2d 134 (1997). For the reasons that follow, upon rehearing en banc, we reverse and remand…

2Cases cited18 opinions

  1. Lockett v. OhioSupreme Court of the United States · 1978
  2. Eddings v. OklahomaSupreme Court of the United States · 1982
  3. Williams v. New YorkSupreme Court of the United States · 1949
  4. Jurek v. TexasSupreme Court of the United States · 1976
  5. Pennsylvania Ex Rel. Sullivan v. AsheSupreme Court of the United States · 1937

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3Cited by6 opinions

  1. Commonwealth v. ShifflettSupreme Court of Virginia · 1999
  2. Caudill v. CommonwealthCourt of Appeals of Virginia · 1998
  3. Smith v. CommonwealthCourt of Appeals of Virginia · 1998
  4. Bradford T. Cellucci v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2023
  5. Delores Chavira Payan, a/k/a etc. v. CommonwealthCourt of Appeals of Virginia · 2000

1 more not listed; retrieve them via the Exa API.

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