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State court of last resort · ST-VA-SC
Fergeson v. Commonwealth (ORDER)
No. 250302Supreme Court of Virginia
250302 Fergeson v. Commonwealth (ORDER) 04/23/2026 Because the plain language of Code § 18.2-369(C) unambiguously applies to the impairment of the victim in this case, it is unnecessary to resort to canons of …
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250302 Fergeson v. Commonwealth (ORDER) 04/23/2026 Because the plain language of Code § 18.2-369(C) unambiguously applies to the …
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 23, 2026
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250302 Fergeson v. Commonwealth (ORDER) 04/23/2026 Because the plain language of Code § 18.2-369(C) unambiguously applies to the impairment of the victim in this case, it is unnecessary to resort to canons of statutory construction, including the rule of lenity. Thus, the trial court's interpretation of Code § 18.2-369(C) was correct here, and its judgment was not plainly wrong, and accordingly the Court of Appeals did not err by affirming it. This holding is a narrow one: the Court does not conclude that impairment by reason of temporary intoxication per se renders an adult "vulnerable" within the meaning of Code § 18.2-369(C), but holds only that the evidence in this particular case was s…
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· Supreme Court of Virginia
Affirmed
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250302 Fergeson v. Commonwealth (ORDER) 04/23/2026 Because the plain language of Code § 18.2-369(C) unambiguously applies to the impairment of the victim in this case, it is unnecessary to resort to canons of statutory construction, including the rule of lenity. Thus, the trial court's interpretation of Code § 18.2-369(C) was correct here, and its judgment was not plainly wrong, and accordingly the Court of Appeals did not err by affirming it. This holding is a narrow one: the Court does not conclude that impairment by reason of temporary intoxication per se renders an adult "vulnerable" within the meaning of Code § 18.2-369(C), but holds only that the evidence in this particular case was s…
Outcome words in this text: affirming.
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