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State court of last resort · ST-VA-SC
Trevathan v. Commonwealth (ORDER)
No. 180803Supreme Court of Virginia
180803 Trevathan v. Commonwealth (ORDER) 08/23/2019 Appeal is awarded from a final order entered by the Court of Appeals of Virginia on May 18, 2018, which is reversed. The Court of Appeals erred in ruling tha…
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180803 Trevathan v. Commonwealth (ORDER) 08/23/2019 Appeal is awarded from a final order entered by the Court of Appeals of Virgi…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- August 23, 2019
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180803 Trevathan v. Commonwealth (ORDER) 08/23/2019 Appeal is awarded from a final order entered by the Court of Appeals of Virginia on May 18, 2018, which is reversed. The Court of Appeals erred in ruling that the defendant's knowing, intelligent, and voluntary guilty plea waived his right to appeal, and in dismissing the case rather than denying the appeal. A voluntary and intelligent guilty plea is a waiver of all non-jurisdictional defects that occurred before entry of the plea, thus the range of potential grounds for appeal following a guilty plea is limited in Virginia, but a defendant who has pled guilty still retains the statutory right to file a notice of appeal and present a petit…
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· Supreme Court of Virginia
ReversedDismissedDenied
The court's record, as written
180803 Trevathan v. Commonwealth (ORDER) 08/23/2019 Appeal is awarded from a final order entered by the Court of Appeals of Virginia on May 18, 2018, which is reversed. The Court of Appeals erred in ruling that the defendant's knowing, intelligent, and voluntary guilty plea waived his right to appeal, and in dismissing the case rather than denying the appeal. A voluntary and intelligent guilty plea is a waiver of all non-jurisdictional defects that occurred before entry of the plea, thus the range of potential grounds for appeal following a guilty plea is limited in Virginia, but a defendant who has pled guilty still retains the statutory right to file a notice of appeal and present a petit…
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