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State court of last resort · ST-VA-SC
Rushing v. Commonwealth
No. 111569Supreme Court of Virginia
111569 Rushing v. Commonwealth 06/07/2012 (Revised 06/13/2012) In appeal from convictions for participation in a criminal street gang in violation of Code § 18.2-46.2(A), and use of a firearm in commission of …
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111569 Rushing v. Commonwealth 06/07/2012 (Revised 06/13/2012) In appeal from convictions for participation in a criminal street …
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- June 7, 2012
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111569 Rushing v. Commonwealth 06/07/2012 (Revised 06/13/2012) In appeal from convictions for participation in a criminal street gang in violation of Code § 18.2-46.2(A), and use of a firearm in commission of burglary, expert testimony regarding another individual's alleged gang-related crime, offered as part of the Commonwealth's required showing of predicate acts by gang members, was insufficiently grounded upon facts in evidence. If the record is considered without the erroneously admitted evidence of the other individual's conviction, the Commonwealth proved only one predicate crime committed by a gang member rather than the two required by the statute, and therefore failed to prove an…
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