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Brown v. Commonwealth

Citations

  • 380 S.E.2d 8
  • 8 Va. App. 126
  • 5 Va. Law Rep. 2507
  • 1989 Va. App. LEXIS 32

How courts have described this case

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

  • stating that “manifest injustice results when a person is sentenced for a crime other than that for which he was convicted”
  • explaining that the exception permits redress in “limited instances of obvious injustice” where the error “is so contrary to fundamental notions of justice”
  • rejecting the argument that a defendant must show a different sentence would have been imposed to establish a miscarriage of justice
  • rejecting the Commonwealth’s argument that to demonstrate a miscarriage of justice, a defendant must show a different sentence would have been imposed, when the error is so contrary to fundamental notions of justice
  • “trial court did consider the misstatements of fact contained in the presentence report” thereby effectively sentencing the defendant “for a crime other than that for which he was convicted”
  • applying the ends of justice exception to Rule 5A:18

Source: CourtListener parenthetical corpus (CC0).

Judges: Coleman

Read full opinion on CourtListener

Cited by

79 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

Other cases named Brown v. Commonwealth

191 other CourtListener records share this case name; the 50 most cited are listed.

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.