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Anderson v. Commonwealth

Lemar Jamie ANDERSON, s/k/a Lamar Jamie Anderson v. COMMONWEALTH of Virginia

Anderson v. Commonwealth, 495 S.E.2d 547 (Va. Ct. App. 1998)
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Subsequent history: aff'd, Anderson v. Commonwealth, 507 S.E.2d 339 (Va. 1998). (read from the later opinion; check before relying)

Court
Court of Appeals of Virginia · State Appellate Courts
Decided
February 10, 1998
Docket
No. Record No. 2145-96-1
Citations
495 S.E.2d 54726 Va. App. 5351998 Va. App. LEXIS 88
Cited by 5

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

UPON A REHEARING EN BANC

A divided panel of this Court affirmed Lemar Jamie Anderson’s convictions of possession of cocaine, possession of a firearm after having been convicted of a felony, and possession of marijuana. Anderson v. Commonwealth, 25 Va.App. 565 , 490 S.E.2d 274 (1997). On Anderson’s motion, we stayed the mandate of that decision and granted a rehearing en banc. Upon rehearing en banc, the stay of this Court’s September 16, 1997 mandate is lifted, and we affirm the judgment of the trial court for the reasons set forth in the majority panel opinion.

Chief Judge Fitzpatrick and Judges Benton, Coleman and Elder dissent for the reasons set forth in the panel dissent. Although Judge Benton concurs in substantial part with the dissent, he would further hold that the portion of the conviction order, which requires Anderson to “waive his Fourth Amendment right against unreasonable searches and seizures for a period of one year,” is void as being violative of the Constitution of the United States. See U.S. Const. amend. IV (protecting “[t]he right of the people to be secure against ... unreasonable searches and seizures”); amend. XIV.

It is ordered that the trial court allow counsel for the appellant an additional fee of $200 for services rendered the appellant on the rehearing portion of this appeal, in addition to counsel’s costs and necessary direct out-of-pocket expenses. This amount shall be added to the costs due the Commonwealth in the September 16,1997 mandate.

This order shall be published and certified to the trial court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1998: 12000: 12003: 12007: 12008: 119982026peak 1998 · 1

Relies on it most ⓘ

  1. Anderson v. Commonwealth507 S.E.2d 339 (Va. 1998)
  2. Word v. Commonwealth586 S.E.2d 282 (Va. Ct. App. 2003)
  3. Pharr v. Commonwealth646 S.E.2d 453 (Va. Ct. App. 2007)
  4. Megel v. Commonwealth524 S.E.2d 139 (Va. Ct. App. 2000)
  5. Terrence Janssen Davis v. CommonwealthNo. 0462072 (Va. Ct. App. Mar. 11, 2008)

Most recent

  1. Terrence Janssen Davis v. CommonwealthNo. 0462072 (Va. Ct. App. Mar. 11, 2008)
  2. Pharr v. Commonwealth646 S.E.2d 453 (Va. Ct. App. 2007)
  3. Word v. Commonwealth586 S.E.2d 282 (Va. Ct. App. 2003)
  4. Megel v. Commonwealth524 S.E.2d 139 (Va. Ct. App. 2000)
  5. Anderson v. Commonwealth507 S.E.2d 339 (Va. 1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Anderson v. Commonwealth, 490 S.E.2d 274 (Va. Ct. App. 1997) 19

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