Legal Opinion
Neely v. Commonwealth
Court of Appeals of Virginia
Decided November 9, 2004No. Record 2325-03-1PublishedCited by 7 opinions
1Opinion of the Court
BENTON, Judge.
The sole issue presented by this appeal is whether the circuit court judge had jurisdiction under Code § 19.2-303 to consider a defendant’s motion to modify his sentence while the defendant was in the custody of the Federal Bureau of Prisons. We hold that the judge did have jurisdiction because the evidence did not establish that the defendant had been transferred to the custody of the Virginia Department of Corrections.
I
In 1997, a judge of the circuit court convicted Demetrius L. Neely, upon his guilty plea, for possession of cocaine. The judge sentenced Neely to two years in…
2Cases cited8 opinions
- Watkins v. HallSupreme Court of Virginia · 1934
- Davis v. MullinsSupreme Court of Virginia · 1996
- Williams v. CommonwealthSupreme Court of Virginia · 2003
- Ragan v. Woodcroft Village ApartmentsSupreme Court of Virginia · 1998
- Robertson v. Superintendent of Wise Correctional UnitSupreme Court of Virginia · 1994
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3Cited by7 opinions
- Dennis Holland v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
- Askew v. CommonwealthCourt of Appeals of Virginia · 2006
- Com. v. NeelySupreme Court of Virginia · 2006
- Neely v. CommonwealthCourt of Appeals of Virginia · 2005
- Demetrius Lamont Neely v. CommonwealthCourt of Appeals of Virginia · 2005
2 more not listed; retrieve them via the Exa API.