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State court of last resort · ST-VA-SC

Turner, Mario L v. Commonwealth

No. 111563Supreme Court of Virginia

111563 Turner, Mario L v. Commonwealth 06/07/2012 In a prosecution on charges of aggravated malicious wounding in violation of Code § 18.2-51.2, and a related firearm offense under Code § 18.2-53.1, the circui…

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The caption

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Current update

111563 Turner, Mario L v. Commonwealth 06/07/2012 In a prosecution on charges of aggravated malicious wounding in violation of Co…

At a glance
Court
Supreme Court of Virginia
First added here
October 4, 2026
Last entry
June 7, 2012
Policy at issue

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Official docket

Case timeline

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Docket entry

111563 Turner, Mario L v. Commonwealth 06/07/2012 In a prosecution on charges of aggravated malicious wounding in violation of Code § 18.2-51.2, and a related firearm offense under Code § 18.2-53.1, the circuit court abused its discretion in ruling that a witness for the Commonwealth was unavailable to testify under criteria established in Sapp v. Commonwealth, 263 Va. 415, 559 S.E.2d 645 (2002). The court conducted no inquiry into the witness' claim of memory loss, and in the absence of such an inquiry it had no basis for determining the authenticity of the claim, which is a relevant factor that should have been given significant weight in determining whether he was unavailable. The error…

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