· 12/17/2013
Tracy Wayne Claytor v. Commonwealth of Virginia
Citations
- 62 Va. App. 644
- 751 S.E.2d 686
- 2013 WL 6589556
- 2013 Va. App. LEXIS 370
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Code § 46.2-357, which prohibits driving after being declared a habitual offender, does not contain a mens rea element
- holding that prior case law concerning Code § 46.2-357 “does not require that a driver receive notice of his current status, but rather that he receive notice that he has been declared an habitual offender”
- holding that trial court did not abuse its discretion in not allowing defendant to present evidence of his subjective belief regarding his status as habitual offender because his belief was irrelevant to offense of driving as habitual offender
- “Because Claytor’s affirmative defense is without legal basis, the trial court did not err in granting the Commonwealth’s motion to suppress evidence related solely to that affirmative defense.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Petty, McCullough, Chafin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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