Wilkins v. Commonwealth

Court of Appeals of Virginia

Wilkins v. Commonwealth

443 S.E.2d 440, 18 Va. App. 293

CourtCourt of Appeals of Virginia

DecidedApril 26, 1994

DocketRecord No. 0984-91-1

StatusPublished

Cited by67 cases

This text of 443 S.E.2d 440 (Wilkins v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wilkins v. Commonwealth, 443 S.E.2d 440, 18 Va. App. 293 (Va. Ct. App. 1994).

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Opinions

[300]*300Benton, J.,

dissenting.

Without reason, this decision overrules three decisions of the Supreme Court of Virginia. See Donahue v. Commonwealth, 225 Va. 145, 154-56, 300 S.E.2d 768, 773-74 (1983); Eccles v. Commonwealth, 214 Va. 20, 197 S.E.2d 332 (1973); Boyd v. Commonwealth, 213 Va. 52, 189 S.E.2d 359 (1972). I dissent.

For the reasons stated in Donahue, Eccles, and Boyd, I would hold that the trial judge erred in admitting evidence of the prior criminal conduct. Evidence of other crimes is not admissible for the purpose of showing the defendant has a criminal propensity and was conducting himself in accordance with that propensity. I would reverse the conviction and remand for a new trial.

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[300]*300Benton, J.,

dissenting.

Without reason, this decision overrules three decisions of the Supreme Court of Virginia. See Donahue v. Commonwealth, 225 Va. 145, 154-56, 300 S.E.2d 768, 773-74 (1983); Eccles v. Commonwealth, 214 Va. 20, 197 S.E.2d 332 (1973); Boyd v. Commonwealth, 213 Va. 52, 189 S.E.2d 359 (1972). I dissent.

For the reasons stated in Donahue, Eccles, and Boyd, I would hold that the trial judge erred in admitting evidence of the prior criminal conduct. Evidence of other crimes is not admissible for the purpose of showing the defendant has a criminal propensity and was conducting himself in accordance with that propensity. I would reverse the conviction and remand for a new trial.

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443 S.E.2d 440, 18 Va. App. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkins-v-commonwealth-vactapp-1994.

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