Carson v. Commonwealth, 410 S.E.2d 412

UPON REHEARING EN BANC

Opinion

On May 14, 1991 a panel of this Court affirmed the conviction of James Patrick Carson, 12 Va. App. 497, 404 S.E.2d 919 (1991). Carson’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 May 14, 1991 mandate is lifted and its directives reinstated.

Judge Benton, with whom Chief Judge Koontz, Judge Duff, and Judge Elder join, would reverse the judgment of the trial court for the reasons stated in the dissenting opinion of the original panel decision.

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

Case Details

Case Name: Carson v. Commonwealth

Court Name: Court of Appeals of Virginia

Date Published: Nov 12, 1991

Citations: 410 S.E.2d 412; 8 Va. Law Rep. 1421; 13 Va. App. 280; 1991 Va. App. LEXIS 292

Court Abbreviation: Va. Ct. App.