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· 9/18/1990

Foote v. Commonwealth

Citations

  • 396 S.E.2d 851
  • 11 Va. App. 61
  • 1990 Va. App. LEXIS 165

How courts have described this case

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

  • holding that an accused may claim self-defense only if the force employed against his potential attacker was necessary to repel the assault
  • finding self-defense as a matter of law where defendant, who was the victim of an unlawful arrest, used reasonable force to repel his attacker, who confronted him with deadly force
  • a person has the right to use reasonable force to resist unlawful arrest; rules of self-defense determine whether the force used is reasonable
  • a person has the right to use reasonable force to resist unlawful arrest; rules of self-defense determine whether the force used is reasonable
  • “[T]he amount of force used must be reasonable in relation to the harm threatened.” (quoting Diffendal v. Commonwealth, 8 Va. App. 417, 421 (1989))
  • interpreting former Code § 19.2-81

Source: CourtListener parenthetical corpus (CC0).

Judges: Cole

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.