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In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER)
060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging that the Commonwealth violated the defendant's rights under the Vienna Conventi…
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060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- January 19, 2006
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060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging that the Commonwealth violated the defendant's rights under the Vienna Convention on Consular Relations in events preceding a capital murder prosecution, the circuit court judge exceeded her discretion under the applicable statutory scheme by prohibiting the prosecution from seeking the death penalty in the event that the defendant is found guilty. The petition for a writ of mandamus, brought by the Commonwealth's Attorney under the Court's original jurisdiction, is granted and that writ is issued, and the petition for a writ of prohibition is dismissed as moot.
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· Supreme Court of Virginia
DismissedGranted
The court's record, as written
060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging that the Commonwealth violated the defendant's rights under the Vienna Convention on Consular Relations in events preceding a capital murder prosecution, the circuit court judge exceeded her discretion under the applicable statutory scheme by prohibiting the prosecution from seeking the death penalty in the event that the defendant is found guilty. The petition for a writ of mandamus, brought by the Commonwealth's Attorney under the Court's original jurisdiction, is granted and that writ is issued, and the petition for a writ of prohibition is dismissed as moot.
Outcome words in this text: granted, dismissed.
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