Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

defendantprecedentcommon law
defendantstatutepleawillcommon law

Related Cases

People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc., 147 Cal.App.4th 424, 54 Cal.Rptr.3d 225, 07 Cal. Daily Op. Serv. 1227
View Case »
State v. Cascone, 195 Conn. 183, 487 A.2d 186
View Case »
Fusco v. City of Albany, 134 Misc.2d 98, 509 N.Y.S.2d 763
View Case »
Aguinaga v. John Morrell & Co., 112 F.R.D. 671, 124 L.R.R.M. (BNA) 2898, 112 Lab.Cas. P 11,310
View Case »
Krahn v. Kinney, 43 Ohio St.3d 103, 538 N.E.2d 1058
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

White v. United States, 300 Va. 269, 863 S.E.2d 483

Facts

Terry Antonio White was convicted in federal court for being a felon in possession of a firearm. The United States sought an enhanced sentence under the Armed Career Criminal Act, citing White's prior convictions for three predicate violent felonies, including a robbery conviction in Virginia. White contested the enhancement, arguing that Virginia law did not require physical force to establish robbery, leading to the certification of a question to the Supreme Court of Virginia regarding the nature of robbery under Virginia common law.

In federal district court, Terry Antonio White pleaded guilty to being a felon in possession of a firearm in violation of a federal statute.

Issue

Under Virginia common law, can an individual be convicted of robbery by means of threatening to accuse the victim of having committed sodomy?

Under Virginia common law, can an individual be convicted of robbery by means of threatening to accuse the victim of having committed sodomy?

Rule

An individual can be convicted of robbery by threatening to accuse the victim of a crime against nature, as this constitutes constructive violence under Virginia common law.

To constitute [a robbery] offense, there must be (1) violence, but it need only be slight, for anything which calls out resistance is sufficient; or, what will answer in place of actual violence, there must be such demonstrations as put the person robbed in fear.

Analysis

The Supreme Court of Virginia examined historical precedents and legal treatises that supported the notion that threats of sodomy could be considered constructive violence sufficient for a robbery conviction. The court noted that Virginia's common law recognizes that obtaining property through fear induced by such threats meets the criteria for robbery, as established in previous cases and legal writings.

Thus, if this understanding of common-law robbery is correct — as we stated in Fleming, Maxwell, Falden, and Houston — then one who successfully obtains money or any valuable property from the presence of a victim by threatening to publicly accuse the victim of an extant crime against nature (such as bestiality or paternal anal sodomy with a minor daughter) has committed robbery.

Conclusion

The Supreme Court of Virginia concluded that a defendant could be convicted of robbery by threatening to accuse a victim of sodomy if the accusation involved a crime against nature. The certified question was answered in the affirmative.

Certified Question Answered in the Affirmative.

Who won?

The Commonwealth of Virginia prevailed, as the court affirmed that the common law allows for robbery convictions based on threats of sodomy, thereby supporting the United States' position in the federal case.

The Supreme Court, Kelsey, J., held that defendant could be convicted of robbery by means of threatening to accuse victim of having committed sodomy if accusation of sodomy involved crime against nature.

You must be