Nelson v. Commonwealth

How courts have described this case

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

• concluding that the trial court “misspoke” regarding the length of the defendant’s sentence and did not intend to impose a more lenient penalty
• holding that Code § 8.01-428(B) gave the trial court authority to correct its misstatement about the sentence it had imposed at an earlier hearing, which increased the term of incarceration
• holding that a misstatement on the record by the trial court regarding the length of incarceration a defendant was ordered to serve was a clerical mistake correctable under Code § 8.01-428(B)
• observing that “the Supreme Court [of Virginia] has repeatedly held that the language of Code § 8.01-428(B) covers more than errors committed by the clerk of courts or one of his or her employees”
• sentence enhanced fifteen minutes after initial sentencing does not violate double jeopardy protections

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Hawkins v. Freeman
  Fourth Circuit· 1999-11-09· cited 144×
• Zhou v. Zhou
  Court of Appeals of Virginia· 2002-04-16· cited 41×
• Darryl Leon Hunter v. Commonwealth
  Court of Appeals of Virginia· 1996-10-15· cited 4×
• Irving Houston Hawkins v. Franklin Freeman
  Fourth Circuit· 1999-11-09
• Lee v. Harrison
  Norfolk County Circuit Court· 1998-09-17
• Lindsey Nicole Perkins v. Rebecca Lynn (Hicks) Howington
  Court of Appeals of Virginia· 2024-09-10

Cites

6 cases in this archive are cited by this case.

• North Carolina v. Alford
  Supreme Court· 1970-11-23· cited 9,465×
• United States v. DiFrancesco
  Supreme Court· 1980-12-09· cited 1,657×
• United States v. Kenneth James Lundien
  Fourth Circuit· 1985-08-07· cited 94×
• Cutshaw v. Cutshaw
  Supreme Court of Virginia· 1979-12-28· cited 65×
• Dorn v. Dorn
  Supreme Court of Virginia· 1981-06-12· cited 58×
• Lamb v. Commonwealth
  Supreme Court of Virginia· 1981-06-12· cited 30×