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State court of last resort · ST-VA-SC
Payne v. Commonwealth
No. 081258Supreme Court of Virginia
081258 Payne v. Commonwealth 04/17/2009 A defendant's convictions and punishments arising out of her killing a person while driving in an intoxicated condition and following her commission of a felony "hit and…
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081258 Payne v. Commonwealth 04/17/2009 A defendant's convictions and punishments arising out of her killing a person while drivi…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 17, 2009
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081258 Payne v. Commonwealth 04/17/2009 A defendant's convictions and punishments arising out of her killing a person while driving in an intoxicated condition and following her commission of a felony "hit and run," do not violate the constitutional guarantee of protection against multiple punishments for the same offense. Aggravated involuntary manslaughter, Code § 18.2-36.1, and felony homicide, Code § 18.2-33, are different offenses under Virginia law because each offense requires proof of an element that the other does not, and the General Assembly intended for each to be punished separately. Issues concerning an alleged failure to disclose exculpatory evidence, admission of expert test…
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