Ferguson v. Com., 900799

Decision Date26 September 1990
Docket NumberNo. 900799,900799
PartiesLeon Pat FERGUSON, Appellant, v. COMMONWEALTH of Virginia, Appellee. Record
CourtVirginia Supreme Court

Upon his petition, Leon Pat Ferguson is granted an appeal from a judgment of the Court of Appeals of Virginia dismissing Ferguson's appeal for failure to perfect the appeal in the manner prescribed by law. 10 Va.App. 189, 390 S.E.2d 782.

Upon further consideration whereof, the judgment of the Court of Appeals is affirmed insofar as it dismisses Ferguson's appeal for failure to comply with Rule 5A:8. The judgment is reversed and vacated insofar as it requires the Commonwealth to file those portions of the record necessary to enable appellate courts to conduct harmless-error review, see Code § 8.01-678 (harmless-error review required in all cases), and final judgment is entered here on the judgment of the Court of Appeals as modified.

The Circuit Court of Arlington County shall allow court-appointed counsel the fee set forth below and also his necessary direct out-of-pocket expenses. And it is ordered that the Commonwealth recover of the appellant the costs in this Court and in the courts below.

This order shall be certified to the Court of Appeals of Virginia and to the Circuit Court of Arlington County.

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49 cases
  • Glenn v. Commonwealth
    • United States
    • Virginia Court of Appeals
    • August 15, 2006
    ... ...         Four days later, Detective Dan Ferguson, Detective Greg Russell, and Captain Mo Williams obtained arrest warrants for Glenn and his cousin ... ...
  • Glenn v. Com.
    • United States
    • Virginia Court of Appeals
    • August 15, 2006
    ... ...         Four days later, Detective Dan Ferguson, Detective Greg Russell, and Captain Mo Williams obtained arrest warrants for Glenn and his cousin. After taking Glenn's cousin into custody, the ... ...
  • White v. Commonwealth
    • United States
    • Virginia Court of Appeals
    • May 10, 2016
    ...search of the bag was error, the admission of evidence of the bag's contents was harmless. See Ferguson v. Commonwealth, 240 Va. ix, ix, 396 S.E.2d 675, 675 (1990). An error of constitutional magnitude, such as one involving a violation of the Fourth Amendment, is harmless only if the appel......
  • Commonwealth v. White, Record No. 160879
    • United States
    • Virginia Supreme Court
    • June 1, 2017
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