Foley v. Commonwealth

Court of Appeals of Virginia

Decided October 10, 1989

Court of Appeals of Virginia · decided 1989-10-10

Relies on 8 Va. App. 149 - Foley v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1989-10-10

How this case has been cited

Cited by 24 later decisions — most recently January 2011

24 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.

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¶1 Opinion

¶2 ON REHEARING EN BANC

KOONTZ, C.J.

¶3 In Foley v. Commonwealth, 8 Va. App. 149, 379 S.E.2d 915 (1989), a panel of this Court held that the trial court erred by failing to exclude juror Hazel Allen for cause. A majority of this Court 1 sitting en banc on September 15, 1989 pursuant to the Commonwealth’s request for rehearing determined that the trial court erred for the reasons stated in the above cited opinion.

¶4 Barrow, J., Benton, J., Duff, J., and Keenan, J., concurred.

¶5 Moon, J., joined by Cole, J., Coleman, J., Hodges, J., would affirm the judgment of the trial court for the reasons stated in his dissenting opinion.

¶6 Judge Baker did not participate in the en banc proceeding.