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Smith v. Commonwealth

Citations

  • 697 S.E.2d 14
  • 56 Va. App. 711
  • 2010 Va. App. LEXIS 336

How courts have described this case

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

  • holding that the defendant luring the victim into his home and bedroom based on a false impression was not inherent to the attempted rape
  • holding that the defendant’s deception of the victim in luring her to his bedroom proved abduction and the subsequent attempted rape was a separate crime
  • recognizing that it is the factfinder’s responsibility to “resolve conflicting accounts within a witness’ testimony”
  • recognizing that factors such as a “‘victim’s youth, fright and embarrassment [may] provide[] the jury with an acceptable explanation’ for a victim’s otherwise unexplainable statements or actions” (alterations in original
  • noting that “a ‘victim’s youth, fright and embarrassment [may] provide[]’” the trier of fact “‘with an acceptable explanation’ for a victim’s otherwise unexplainable statements or actions” (alterations in original
  • luring victim into bedroom under false pretenses and locking the door was not intrinsic to the ensuing attempted rape

Source: CourtListener parenthetical corpus (CC0).

Judges: Alston

Read full opinion on CourtListener

Cited by

9 cases in this archive cite this case.

Cites

28 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.