Com. v. Harley, Record No. 972382.
| Docket Nº | Record No. 972382. |
| Citation | 504 S.E.2d 852, 256 Va. 216 |
| Case Date | September 18, 1998 |
| Court | Supreme Court of Virginia |
504 S.E.2d 852
256 Va. 216
v.
Eugene Nakia HARLEY
Record No. 972382.
Supreme Court of Virginia.
September 18, 1998.
Robert H. Anderson, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellant.
No brief or argument for appellee.
Present: All the Justices.
CARRICO, Chief Justice.
In this case, the defendant, Eugene Nakia Harley, was convicted in the Circuit Court of the City of Virginia Beach of one count of robbery, two counts of abduction, and three counts of the use of a firearm in the commission of a felony. He was sentenced to serve a total of forty-three years in the penitentiary, with twenty-five years suspended.
Harley appealed his convictions to the Court of Appeals, raising the sole question whether the trial court erred in denying his
The Commonwealth filed a petition for appeal with this Court, seeking reversal of the judgment of the Court of Appeals insofar as it held that "the trial court was constitutionally obligated to provide Harley with a free copy of his suppression hearing transcript." Harley filed a brief in opposition in which he assigned cross-error to the Court of Appeals' ruling that the failure of the trial court to provide him a transcript at state expense was harmless error. In his brief in opposition, Harley also attacked the Commonwealth's standing to appeal the judgment of the Court of Appeals.
We awarded the Commonwealth an appeal and refused Harley's assignment of crosserror. He has not participated further in this proceeding.
On the question of standing, the Commonwealth asserts that it is a "party aggrieved" within the meaning of Code § 17-116.08, which provides in pertinent part that "any party aggrieved by a final decision of the Court of Appeals, including the Commonwealth, may...
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Hodges v. COM., DEPT. OF SOCIAL SERVICES, Record No. 2182-03-3.
...and would leave for another day the issue of whether food stamps are equivalent to "public assistance moneys." Cf. Commonwealth v. Harley, 256 Va. 216, 219-20, 504 S.E.2d 852, 854 (1998) (declining the appellant's invitation "to render an advisory opinion on a moot question based upon specu......
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Clark v. Va. Dep't of State Police, Record No. 151857
...to relief as an army reservist under Code § 44-93.5 or any other applicable provisions of Virginia law. See Commonwealth v. Harley , 256 Va. 216, 219–20, 504 S.E.2d 852, 854 (1998) ("[C]ourts are not constituted to render advisory opinions, to decide moot questions, or to answer inquiries w......
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Jaynes v. Com., Record No. 062388.
...the principle that courts should not issue advisory opinions on factual situations not before it. See e.g., Commonwealth v. Harley, 256 Va. 216, 219-20, 504 S.E.2d 852, 854 (1998) (courts not constituted to render advisory opinions). The majority also identifies a limited exception to this ......
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Ghameshlouy v. Com., Record No. 1882-07-1.
...367, 369 (2005) (declaring that "the Court does not have the power to render a judgment that is only advisory"); Commonwealth v. Harley, 256 Va. 216, 219, 504 S.E.2d 852, 854 (1998) (stating that while "the Commonwealth invites this Court to render an advisory opinion ... [t]his is an exerc......
-
Hodges v. COM., DEPT. OF SOCIAL SERVICES, Record No. 2182-03-3.
...and would leave for another day the issue of whether food stamps are equivalent to "public assistance moneys." Cf. Commonwealth v. Harley, 256 Va. 216, 219-20, 504 S.E.2d 852, 854 (1998) (declining the appellant's invitation "to render an advisory opinion on a moot question based upon specu......
-
Ghameshlouy v. Com., Record No. 1882-07-1.
...367, 369 (2005) (declaring that "the Court does not have the power to render a judgment that is only advisory"); Commonwealth v. Harley, 256 Va. 216, 219, 504 S.E.2d 852, 854 (1998) (stating that while "the Commonwealth invites this Court to render an advisory opinion ... [t]his is an exerc......
-
Clark v. Va. Dep't of State Police, Record No. 151857
...to relief as an army reservist under Code § 44-93.5 or any other applicable provisions of Virginia law. See Commonwealth v. Harley , 256 Va. 216, 219–20, 504 S.E.2d 852, 854 (1998) ("[C]ourts are not constituted to render advisory opinions, to decide moot questions, or to answer inquiries w......
-
Jaynes v. Com., Record No. 062388.
...the principle that courts should not issue advisory opinions on factual situations not before it. See e.g., Commonwealth v. Harley, 256 Va. 216, 219-20, 504 S.E.2d 852, 854 (1998) (courts not constituted to render advisory opinions). The majority also identifies a limited exception to this ......