22 VAAPP 262 - Graves v. Commonwealth

How this case has been cited

Cited by 8 later decisions — most recently October 2016

1 federal appellate · 7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1UPON REHEARING EN BANC

¶2In Graves v. Commonwealth, 21 Va.App. 161, 462 S.E.2d 902 (1995), a panel of this Court reversed the judgment of the trial court and remanded this case for further proceedings. On motion of the Commonwealth, we stayed the mandate of that decision and granted rehearing en banc.

¶3Upon rehearing en banc, the judgment of the trial court is reversed for the reasons set forth in the majority panel opinion, the stay of this Court’s October 17, 1995 mandate is *263lifted, and this case is remanded to the trial court for further proceedings, if the Commonwealth be so advised.

¶4Judges COLEMAN, ELDER, FITZPATRICK and ANNUNZIATA dissent for the reasons set forth in the panel dissent.

¶5It is ordered that the trial court allow 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.

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