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State court of last resort · ST-VA-SC
Josephson v. Commonwealth
No. 230856Supreme Court of Virginia
230856 Josephson v. Commonwealth 12/12/2024 The Court of Appeals dismissed a criminal defendant's appeal under the fugitive disentitlement doctrine, holding that he forfeited his right to appellate review of h…
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230856 Josephson v. Commonwealth 12/12/2024 The Court of Appeals dismissed a criminal defendant's appeal under the fugitive disen…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- December 12, 2024
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230856 Josephson v. Commonwealth 12/12/2024 The Court of Appeals dismissed a criminal defendant's appeal under the fugitive disentitlement doctrine, holding that he forfeited his right to appellate review of his criminal conviction when he absconded from probation during the pendency of the appeal. Applying the three-part test that governs the application of the fugitive disentitlement doctrine: (1) the appellant must be a fugitive, (2) there must be a nexus between the current appeal and the appellant's status as a fugitive, and (3) dismissal must be necessary to effectuate the policy concerns underlying the doctrine. Here, these requirements are met, and the judgment is affirmed.
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· Supreme Court of Virginia
AffirmedDismissed
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230856 Josephson v. Commonwealth 12/12/2024 The Court of Appeals dismissed a criminal defendant's appeal under the fugitive disentitlement doctrine, holding that he forfeited his right to appellate review of his criminal conviction when he absconded from probation during the pendency of the appeal. Applying the three-part test that governs the application of the fugitive disentitlement doctrine: (1) the appellant must be a fugitive, (2) there must be a nexus between the current appeal and the appellant's status as a fugitive, and (3) dismissal must be necessary to effectuate the policy concerns underlying the doctrine. Here, these requirements are met, and the judgment is affirmed.
Outcome words in this text: dismissed, affirmed.
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