Legal Opinion

Wise v. Commonwealth

Court of Appeals of Virginia

Decided February 27, 2007No. 2385054PublishedCited by 6 opinions

1Opinion of the Court

JAMES W. BENTON, JR., Judge.

The trial judge convicted Luther Lee Wise of obstructing justice in violation of Code § 18.2—160(C). Wise contends Code § 18.2-460(C) is unconstitutional, in violation of the First and Fourteenth Amendments, both facially and as applied to him. We hold the statute is not constitutionally infirm, and we affirm the conviction.

I

A grand jury indicted Wise for felony obstruction of justice, in violation of Code § 18.2-160(C). In pertinent part, this subsection of the statute provides as follows:

If any person by threats of bodily harm ... knowingly attempts to intimidate…

2Cases cited28 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  5. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992

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3Cited by6 opinions

  1. Testa v. CommonwealthCourt of Appeals of Virginia · 2009
  2. Holcomb v. CommonwealthCourt of Appeals of Virginia · 2011
  3. City of Chesapeake v. EvansChesapeake County Circuit Court · 2015
  4. Markesh Monique Bennett v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2010
  5. Michael Jason Drexel v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2024

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