Court of Appeals of Virginia· 7/15/2008

Dunaway v. Commonwealth

Citations

663 S.E.2d 117
52 Va. App. 281
2008 Va. App. LEXIS 326

How courts have described this case

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

holding that nature and character of offense not changed where amendment changed cocaine possession amount from “2.5 kilograms but less than 5 kilograms” to “at least 5 kilograms”
“Thus, we examine the sentence at issue in relation to the crime only for ‘gross disproportionality.’ ” “Only if we find such gross disparity will we proceed further with the analysis.”
“Indeed ‘lay testimony and circumstantial evidence may be sufficient, without the introduction of an expert chemical analysis’ -4- to establish the identity of an illegal drug.” (quoting United States v. Dolan, 544 F.2d 1219, 1221 (4th Cir.1976))

Source: CourtListener parenthetical corpus (CC0).

Judges: Clements, Elder, Petty

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Cites

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