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State court of last resort · ST-VA-SC
Akers v. Commonwealth
No. 190094Supreme Court of Virginia
190094 Akers v. Commonwealth 03/26/2020 In an inmate's appeal from the trial court's refusal to entertain a motion to reduce his sentence under Code § 19.2-303, because he had been transferred into the custody…
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190094 Akers v. Commonwealth 03/26/2020 In an inmate's appeal from the trial court's refusal to entertain a motion to reduce his …
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- March 26, 2020
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190094 Akers v. Commonwealth 03/26/2020 In an inmate's appeal from the trial court's refusal to entertain a motion to reduce his sentence under Code § 19.2-303, because he had been transferred into the custody of the Department of Corrections, the judgment of the Court of Appeals concluding that the trial court was deprived of jurisdiction to hear this motion by the transfer is affirmed. The legislature's intent expressed in Code § 19.2-303 is clear and needs no interpretation. It establishes an absolute event, i.e. a transfer to the Department of Corrections, after which a trial court can no longer modify a sentence. The constitutional claims advanced by the inmate are insubstantial, and t…
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· Supreme Court of Virginia
Affirmed
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190094 Akers v. Commonwealth 03/26/2020 In an inmate's appeal from the trial court's refusal to entertain a motion to reduce his sentence under Code § 19.2-303, because he had been transferred into the custody of the Department of Corrections, the judgment of the Court of Appeals concluding that the trial court was deprived of jurisdiction to hear this motion by the transfer is affirmed. The legislature's intent expressed in Code § 19.2-303 is clear and needs no interpretation. It establishes an absolute event, i.e. a transfer to the Department of Corrections, after which a trial court can no longer modify a sentence. The constitutional claims advanced by the inmate are insubstantial, and t…
Outcome words in this text: affirmed.
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