Skip to main content

Simon v. Commonwealth

Citations

  • 258 S.E.2d 567
  • 220 Va. 412
  • 1979 Va. LEXIS 275

How courts have described this case

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

  • holding that evidence of alcohol consumption was admissible to show reckless disregard of human life in retrial of prosecution for vehicular manslaughter
  • holding that where the factual issue of defendant's intoxication was determined in his favor in a prior proceeding, Commonwealth was collaterally estopped from again litigating issue of defendant's intoxication
  • remanding case and holding that Commonwealth is not precluded from prosecuting the defendant in a subsequent prosecution based on other evidence independent of the fact which the Commonwealth is collaterally estopped from proving
  • remanding case and holding that Commonwealth is not precluded from prosecuting - 8 - the defendant in a subsequent prosecution based on other evidence independent of the fact which the Commonwealth is collaterally estopped from proving
  • \Collateral estoppel becomes applicable only when the prior acquittal necessarily resolved the issue now in litigation\
  • “Collateral estoppel becomes applicable only when the prior acquittal necessarily resolved the issue now in litigation”

Source: CourtListener parenthetical corpus (CC0).

Judges: I'anson

Read full opinion on CourtListener

Cited by

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

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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.