· 1/20/2015
James Edward Williams v. Commonwealth of Virginia
Citations
- 64 Va. App. 240
- 767 S.E.2d 252
- 2015 Va. App. LEXIS 13
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant was not reasonably provoked where he was told several days earlier that his friend had been murdered
- holding that defendant’s testimony that he deliberately aimed gun with purpose of scaring victim reflects that his act of shooting was done “with a sedate, deliberate mind, and formed design,” rather than “on impulse without conscious reflection”
- quoting Gaines v. Commonwealth, 3 9 Va.App. 562, 568, 574 S.E.2d 775, 778 (2003) (en bane
- “more than a scintilla of evidence must be present to support an instruction” (quoting Eaton, 240 Va. at 255, 397 S.E.2d at 397)
- “Although a defendant ‘is entitled to an instruction upon his theory of the case,’ this rule can be invoked ‘[o]nly when such instruction is supported by some appreciable evidence.’” (quoting Harris v. Commonwealth, 134 Va. 688, 695 (1922))
- “Although a defendant ‘is entitled to an instruction upon his theory of the case,’ this rule can be invoked ‘[o]nly when such instruction is supported by some appreciable evidence.’” (alteration in original) (quoting Harris v. Commonwealth, 134 Va. 688, 695 (1922))
Source: CourtListener parenthetical corpus (CC0).
Judges: Petty, Beales, Alston
Read full opinion on CourtListenerSourced 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.