Legal Opinion
Simmons v. Commonwealth
Court of Appeals of Virginia
Decided August 18, 2009No. 0542082PublishedCited by 5 opinions
1Opinion of the Court
COLEMAN, III, Judge.
Lynell Butler Simmons was convicted of murder, attempted murder, attempted robbery, and related firearms charges. On appeal, Simmons maintains his attempted murder conviction is void because he was never arraigned and never entered a plea on that charge. For the reasons that follow, we disagree and affirm his conviction.
Background,
In the early morning hours of June 10, 2007, Jalier Burleigh and his cousin, Jamar Blackwell, were walking home from a 7-Eleven convenience store when Simmons stepped out from behind a tree. Simmons pointed a gun at Burleigh and Blackwell and…
2Cases cited19 opinions
- State v. SmithSupreme Court of North Carolina · 1980
- Crain v. United StatesSupreme Court of the United States · 1896
- Garland v. WashingtonSupreme Court of the United States · 1914
- Porter v. Com.Supreme Court of Virginia · 2008
- Morrison v. BestlerSupreme Court of Virginia · 1990
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3Cited by5 opinions
- Corey Deshawn Clemons v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2020
- Dorothy Elizabeth Cilwa v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
- Marvin Seay Jones v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2020
- Vernon Eggleston v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017
- Yaqub Hameed Muwakkil v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019