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Gilman v. Commonwealth
071364 Gilman v. Commonwealth 02/29/2008 Because the provisions of Code § 16.1-69.24 and Code § 18.2-459 prevail over the more general provisions of Code § 16.1-132 and Code § 16.1--136, a contemnor appealing …
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071364 Gilman v. Commonwealth 02/29/2008 Because the provisions of Code § 16.1-69.24 and Code § 18.2-459 prevail over the more ge…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Feb 29, 2008
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071364 Gilman v. Commonwealth 02/29/2008 Because the provisions of Code § 16.1-69.24 and Code § 18.2-459 prevail over the more general provisions of Code § 16.1-132 and Code § 16.1--136, a contemnor appealing an adjudication of summary contempt from general district court does not receive a trial de novo in the circuit court with attendant Sixth Amendment protections. Thus when the circuit court admitted in evidence in a summary contempt adjudication under Code § 18.2-459 the certificate of the district court judge reciting the factual circumstances underlying the contempt adjudication, no Sixth Amendment violation occurred. The judgment of the Court of Appeals upholding this disposition is…
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