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· 8/30/2011

Flanagan v. Commonwealth

Citations

  • 714 S.E.2d 212
  • 58 Va. App. 681
  • 2011 Va. App. LEXIS 274

How courts have described this case

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

  • finding that “the last clause of Code § 18.2-85 constitutes a statutory defense for which an accused bears the burden of providing the supporting evidence”
  • explaining that “[i]n its role of judging witness -9- credibility, the fact finder is entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused is lying to conceal h[er] guilt” (quoting Marable v. Commonwealth, 27 Va. App. 505, 509-10 (1998))
  • “[T]he fact finder is entitled to disbelieve the self-serving testimony of the accused.” (quoting Marable v. Commonwealth, 27 Va. App. 505, 509-10 (1998))
  • finder of fact is entitled to conclude that the defendant is lying to conceal his guilt
  • finder of fact can reject the accused’s self-serving testimony and conclude that he is lying to conceal his guilt
  • “[T]he fact finder is entitled to disbelieve the self-serving testimony of the accused . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alston

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.