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Blanton v. Commonwealth
091878 Blanton v. Commonwealth 09/16/2010 (Revised 05/23/2011) In an appeal arising from a prosecution for murder and felonious use of a firearm, defendant's failure to make a timely motion for a cautionary in…
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091878 Blanton v. Commonwealth 09/16/2010 (Revised 05/23/2011) In an appeal arising from a prosecution for murder and felonious u…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Sep 16, 2010
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091878 Blanton v. Commonwealth 09/16/2010 (Revised 05/23/2011) In an appeal arising from a prosecution for murder and felonious use of a firearm, defendant's failure to make a timely motion for a cautionary instruction or mistrial concerning the prosecutor's comment about the defense evidence failing to show that the defendant was not guilty precludes consideration of the merits of her assignments of error regarding this comment. With respect to the prosecutor's subsequent comment about the defendant being in jail several days after the events, it cannot be said that the circuit court erred as a matter of law in denying defendant's mistrial motion. Considering the innocuous nature of this c…
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