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· 2/27/1996

Bennefield v. Commonwealth

Citations

  • 467 S.E.2d 306
  • 21 Va. App. 729
  • 467 S.E.2d 806
  • 1996 Va. App. LEXIS 146

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that double jeopardy provisions of United States Constitution are co-extensive with those of Virginia Constitution
  • noting that protections afforded under Virginia Constitution are coexistent with those in federal constitution
  • upholding the circuit court’s factual finding that the prosecutor’s last minute disclosure of evidence and failure to review police documents, while constituting “gross negligence” and “near total indifference . . . to Court Orders,” did not show intent to provoke a mistrial
  • “For that reason, he was better able to determine how the prosecution’s case was progressing, and whether the prosecutor had any motivation or desire to cause a mistrial so as to gain a more favorable position at a new trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Duff

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.