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· 12/1/1998

Dora Ann Swain v. Commonwealth

Citations

  • 28 Va. App. 555
  • 507 S.E.2d 116
  • 1998 Va. App. LEXIS 614

How courts have described this case

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

  • examining the trial record and context of the statement to “determine . . . the purpose for which the Commonwealth offered the statement”
  • examining the “context” of the statement to “determine . . . the purpose for which the Commonwealth offered the statement”
  • “Determining whether a statement is offered to prove the truth or falsity of the matter asserted requires an analysis of the purpose for which the statement is offered into evidence.”
  • “The jury’s sentence is subject to the judge’s review after considering at the sentencing hearing various mitigating, extenuating, or even aggravating circumstances.”
  • a drug purchaser’s statement, “a twenty,” was not hearsay because the Commonwealth did not offer the statement for its truth, but to explain and give meaning to the defendant’s statements, “what do you want,” and “just a minute”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coleman, Bumgardner, Lemons

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.