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HACKETT v. COMMONWEALTH

Record No. 1218-22-3.

889 S.E.2d 672 (2023)

78 Va. App. 92

Jesse Ryan HACKETT, s/k/a Jessi Ryan Hackett v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Lexington.

July 25, 2023.

Attorney(s) appearing for the Case

Catherine French Zagurskie , Chief Appellate Counsel ( Elena Kagan , Third Year Law Student; Virginia Indigent Defense Commission, on briefs), for appellant.

Collin C. Crookenden , Assistant Attorney General ( Jason S. Miyares , Attorney General, on brief), for appellee.

Present: Judges Fulton, Friedman and Raphael.

Code § 18.2-460(E) makes it a Class 1 misdemeanor to knowingly flee from a law-enforcement officer attempting to make a lawful arrest, but only if the officer "applies physical force to the person" or has "the immediate physical ability to place the person under arrest." We have construed that subsection...

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