Dowell v. Com., s. 0417-90-2

Decision Date10 March 1992
Docket Number0418-90-2,Nos. 0417-90-2,s. 0417-90-2
PartiesGregory Michael DOWELL, Appellant, v. COMMONWEALTH of Virginia, Appellee. Record
CourtVirginia Court of Appeals

Stephen A. Palmer, for appellant.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Before KOONTZ, C.J., and BAKER, BENTON, COLEMAN, MOON, WILLIS, ELDER and BRAY, JJ.

UPON REHEARING EN BANC

On August 20, 1991, a panel of this Court reversed and remanded the convictions of Gregory Michael Dowell. See 12 Va.App. 1145, 408 S.E.2d 263 (1991). A dissenting opinion was filed in the panel decision. The Commonwealth's petition for rehearing en banc was granted and heard on January 22, 1992. For the reasons stated in the panel's majority opinion, the convictions are reversed, the stay of this Court's August 20, 1991 mandate is lifted, and the matters are remanded to the Circuit Court of New Kent County.

BAKER and MOON, JJ., would affirm the convictions for the reasons stated in the dissenting opinion of the original panel decision.

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 order shall be published and certified to the trial court.

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21 cases
  • Thomas v. Com.
    • United States
    • Virginia Court of Appeals
    • 3 Agosto 1993
    ...sentencing." This Court concluded in Dowell v. Commonwealth, 12 Va.App. 1145, 1149, 408 S.E.2d 263, 265 (1991), aff'd en banc, 14 Va.App. 58, 414 S.E.2d 440 (1992), that a finding of guilty, following a plea of not guilty, does not constitute a conviction for impeachment purposes until memo......
  • Delp v. Commonwealth
    • United States
    • Virginia Court of Appeals
    • 30 Junio 2020
    ...282, 290, 511 S.E.2d 449 (1999) ; Dowell v. Commonwealth, 12 Va. App. 1145, 1148, 408 S.E.2d 263 (1991), adopted on reh'g, 14 Va. App. 58, 414 S.E.2d 440 (1992). As the above-referenced quote from Terry makes clear, the waiver not only applies to claims of ordinary error, but also waives co......
  • Cross v. Com.
    • United States
    • Virginia Court of Appeals
    • 3 Abril 2007
    ...S.E.2d 263, 265 (1991) (quoting Savino v. Commonwealth, 239 Va. 534, 539, 391 S.E.2d 276, 278 (1990)), aff'd on reh'g en banc, 14 Va.App. 58, 414 S.E.2d 440 (1992). Code § 19.2-254 creates an exception to the general rule and allows the accused, in specifically enumerated circumstances, the......
  • Jefferson v. Com., Record No. 0703-97-1.
    • United States
    • Virginia Court of Appeals
    • 9 Junio 1998
    ...to illegally obtained evidence." Dowell v. Commonwealth, 12 Va.App. 1145, 1148-49, 408 S.E.2d 263, 265 (1991), aff'd en banc, 14 Va.App. 58, 414 S.E.2d 440 (1992). Such fundamental guarantees may be abandoned only by an accused fully advised of all relevant considerations, thereby ensuring ......
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