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State court of last resort · ST-VA-SC
In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER)
No. 060023Supreme Court of Virginia
060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging that the Commonwealth violated the defendant's rights under the Vienna Conventi…
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060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jan 19, 2006
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Docket entry
060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging that the Commonwealth violated the defendant's rights under the Vienna Convention on Consular Relations in events preceding a capital murder prosecution, the circuit court judge exceeded her discretion under the applicable statutory scheme by prohibiting the prosecution from seeking the death penalty in the event that the defendant is found guilty. The petition for a writ of mandamus, brought by the Commonwealth's Attorney under the Court's original jurisdiction, is granted and that writ is issued, and the petition for a writ of prohibition is dismissed as moot.
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