Public-domain · open source
OpenJurist

13 Va. App. 281

411 S.E.2d 228

8 Va.LawRep. 1419

Fitzgerald v. Commonwealth

Court of Appeals of Virginia

Decided November 12, 1991

Court of Appeals of Virginia · decided 1991-11-12

Cited by 13 later decisions — most recently June 2004

13 state decisions

Relies on Fitzgerald v. Commonwealth · Fitzgerald v. Com.

Good law ✅— No negative treatment on recordhow we know

Decided 1991-11-12

View the full empirical analysis of this case →

¶1 UPON REHEARING EN BANC

¶2 Opinion

¶3 On February 5, 1991 a panel of this Court affirmed the conviction of Glenn W. Fitzgerald, 11 Va. App. 625, 401 S.E.2d 208 (1991). Fitzgerald’s petition for rehearing en banc was granted and heard on October 22, 1991. For the reasons stated in the panel’s opinion, a majority of the Court affirms the judgments of the trial court. Accordingly, the stay of this Court’s February 5, 1991 mandate is lifted and its directives reinstated.

¶4 Judge Benton, with whom Chief Judge Koontz joins, would reverse the judgment of the trial court for the reasons stated in the dissenting opinion of the original panel decision.

¶5 The trial court shall allow court-appointed counsel for the appellant an additional $200 for services rendered the appellant on the rehearing portion of this appeal, in addition to counsel’s costs and necessary direct out-of-pocket expenses. This amount shall be added to the costs due the Commonwealth in the February 5, *282 1991 mandate.

¶6 This order shall be published and certified to the trial court.

/13/vaapp/281 · .json · Public domain