Turner v. Com.

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 trial court “may not rely on the bare assertion of a witness that he is unable to answer when examined at trial because he no longer remembers what occurred”
• holding that the trial court abused its discretion by admitting the preliminary hearing transcript of a witness deemed “unavailable” under Rule 2:804(b)(1) because the trial court “conducted no inquiry into [the witness]’s claim of memory loss”
• acknowledging a witness’s “lack of memory at trial is the functional equivalent of the unavailability of the witness himself”
• finding the trial court abused its discretion in ruling a witness unavailable for lack of memory when it failed to inquire into the genuineness of that claim
• court abused its discretion in ruling a witness unavailable for lack of memory when it failed to inquire into the authenticity of his claim as required by precedent

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• Charles Albert Massey, III v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2016-12-13· cited 26×
• Keith Alexander Mayberry v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2016-03-08· cited 14×
• Lawlor v. Commonwealth
  Supreme Court of Virginia· 2013-01-10
• Blake v. Commonwealth
  Supreme Court of Virginia· 2014-10-31

Cites

6 cases in this archive are cited by this case.

• Landrum v. CHIPPENHAM AND JOHNSTON-WILLIS
  Supreme Court of Virginia· 2011-11-04· cited 245×
• Angel v. Com.
  Supreme Court of Virginia· 2011-01-13· cited 107×
• Sapp v. Commonwealth
  Supreme Court of Virginia· 2002-03-01· cited 26×
• Jones v. Commonwealth
  Court of Appeals of Virginia· 1996-03-12· cited 23×
• Longshore v. Commonwealth
  Supreme Court of Virginia· 2000-06-09· cited 21×
• Turner v. Commonwealth
  Court of Appeals of Virginia· 2011-07-26· cited 1×