Branch v. Commonwealth

How courts have described this case

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

• holding that the due process defense is available to a defendant where he proves, among other things, that based upon the totality of the -6- circumstances, his reliance upon the advice of the government official was reasonable and in good faith
• explaining that the first element of a due process defense under Miller is establishing “that [the defendant] was assured that the conduct giving rise to the conviction was lawful”
• Virginia felon-in-possession statute does not “contain a scienter or mens rea element for a conviction under that statute” (emphasis in original)
• “Neither Code § 18.2-308.2, nor its related statutes, contain a scienter or mens rea element for a conviction under that statute.”
• “Neither Code § 18.2‑308.2, nor its related statutes, contain a scienter or mens rea element for a conviction under that statute.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

9 cases in this archive cite this case.

• State v. Rainoldi
  Oregon Supreme Court· 2011-12-30· cited 40×
• Nicholas Gabriel Parker Davis v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2018-05-15· cited 4×
• Kenneth Ray Palmer v. Commonwealth
  Court of Appeals of Virginia· 2006-08-01· cited 2×
• Jason Park v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2022-05-03
• Commonwealth v. Claytor
  Augusta County Circuit Court· 2013-01-17
• Ronald Dean Northcraft v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2023-09-26
• Dennis Christopher Howard v. Sheriff Roger L. Harris
  Court of Appeals of Virginia· 2024-03-05
• Harris v. Howard
  Supreme Court of Virginia· 2025-04-03
• Cody Wayne Coleman v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2026-03-31

Cites

10 cases in this archive are cited by this case.

• Ohree v. Commonwealth
  Court of Appeals of Virginia· 1998-01-13· cited 729×
• Armstrong v. Commonwealth
  Supreme Court of Virginia· 2002-04-19· cited 141×
• Shackleford v. Commonwealth
  Supreme Court of Virginia· 2001-06-08· cited 109×
• Alger v. Commonwealth
  Supreme Court of Virginia· 2004-01-16· cited 58×
• Swann v. Commonwealth
  Supreme Court of Virginia· 1994-02-25· cited 53×
• Miller v. Commonwealth
  Court of Appeals of Virginia· 1997-11-04· cited 50×
• Esteban v. Commonwealth
  Supreme Court of Virginia· 2003-10-31· cited 48×
• Ziats v. Commonwealth
  Court of Appeals of Virginia· 2003-12-30· cited 41×
• Reed v. Commonwealth
  Court of Appeals of Virginia· 1992-12-15· cited 35×
• Scott v. Commonwealth
  Court of Appeals of Virginia· 2000-02-08· cited 18×