Duncan 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 trial court has the discretionary authority to reduce, but not increase, the sentence fixed by the jury (citing Code § 19.2-303)
• stating that “[a] defendant convicted of a felony has an absolute right to have a presentence investigation and report prepared upon his request and submitted to the court prior to the pronouncement of sentence”
• evidence of mitigating factors is “relevant only to the issue of punishment;” therefore, it is not appropriate “evidence before the jury in mitigation of punishment”
• evidence of mitigating factors is \relevant only to the issue of punishment;\ therefore, it is not appropriate \evidence before the jury in mitigation of punishment\
• evidence of mitigating factors \was relevant only to the issue of punishment\ and was not appropriate \evidence before the jury in mitigation of punishment\
• evidence of mitigating factors “was relevant only to the issue of punishment” and was not appropriate “evidence before the jury in mitigation of punishment”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Jones v. Commonwealth
  Supreme Court of Virginia· 2017-02-02· cited 123×
• Bassett v. Commonwealth
  Court of Appeals of Virginia· 1992-02-04· cited 86×
• Hope v. Commonwealth
  Court of Appeals of Virginia· 1990-05-22· cited 70×
• Runyon v. Commonwealth
  Court of Appeals of Virginia· 1999-04-27· cited 61×
• Commonwealth of Virginia v. Rayshawn Torrell Greer
  Court of Appeals of Virginia· 2014-07-22· cited 59×
• Allard v. Commonwealth
  Court of Appeals of Virginia· 1997-01-28· cited 48×
• Batts v. Commonwealth
  Court of Appeals of Virginia· 1999-06-08· cited 45×
• Doss v. Commonwealth
  Court of Appeals of Virginia· 1996-12-31· cited 44×
• Bruce v. Commonwealth
  Court of Appeals of Virginia· 1990-01-02· cited 39×
• Harris v. Commonwealth
  Court of Appeals of Virginia· 1998-03-24· cited 35×
• Walker v. Commonwealth
  Court of Appeals of Virginia· 1997-06-17· cited 32×
• Dora Ann Swain v. Commonwealth
  Court of Appeals of Virginia· 1998-12-01· cited 30×
• Parker v. Commonwealth
  Court of Appeals of Virginia· 1992-06-02· cited 16×
• Boyd v. Commonwealth
  Court of Appeals of Virginia· 1998-12-01· cited 13×
• Carver v. Commonwealth
  Court of Appeals of Virginia· 1993-09-07· cited 9×
• Simerly v. Commonwealth
  Court of Appeals of Virginia· 1999-05-18· cited 8×
• Hope v. Commonwealth
  Court of Appeals of Virginia· 1989-08-01· cited 8×
• Shifflett v. Commonwealth
  Court of Appeals of Virginia· 1997-12-30· cited 7×
• Mason v. Commonwealth
  Court of Appeals of Virginia· 1992-06-09· cited 7×
• Bell v. Commonwealth
  Court of Appeals of Virginia· 1994-04-05· cited 6×

Cites

7 cases in this archive are cited by this case.

• Bunting v. Commonwealth
  Supreme Court of Virginia· 1967-10-09· cited 74×
• Richard Vines v. R. M. Muncy, Superintendent, James River Correctional Center, and the Attorney General of Virginia
  Fourth Circuit· 1977-03-28· cited 46×
• Land v. Commonwealth
  Supreme Court of Virginia· 1970-09-04· cited 46×
• Boggs v. Commonwealth
  Supreme Court of Virginia· 1957-12-02· cited 41×
• Ballard v. Commonwealth
  Supreme Court of Virginia· 1984-10-12· cited 20×
• Killman v. State
  Supreme Court of Arkansas· 1981-12-21· cited 10×
• JP SMITH v. Commonwealth
  Supreme Court of Virginia· 1976-10-08· cited 6×