Moore v. Commonwealth, Record No. 2091-05-2.

Decision Date03 April 2007
Docket NumberRecord No. 2091-05-2.
Citation49 Va. App. 497,642 S.E.2d 769
PartiesMatthew Tremaine MOORE, Appellant, v. COMMONWEALTH of Virginia, Appellee.
CourtVirginia Court of Appeals

On February 26, 2007 came the appellee by the Attorney General of Virginia, and filed a petition requesting that the Court set aside the judgment rendered herein on February 13, 2007, and grant a rehearing en banc thereof.

On consideration whereof, the petition for rehearing en banc is granted, the mandate entered herein on February 13, 2007 is stayed pending the decision of the Court en banc, and the appeal is reinstated on the docket of this Court.

Notwithstanding the provisions of Rule 5A:35, the following briefing schedule hereby is established: Appellant shall file an opening brief upon rehearing en banc within 21 days of the date of entry of this order; appellee shall file an appellee's brief upon rehearing en banc within 14 days of the date on which the opening brief is filed; and appellant may file a reply brief upon rehearing en banc within 14 days of the date on which the appellee's brief is filed. The appellant shall attach as an addendum to the opening brief upon rehearing en banc a copy of the opinion previously rendered by the Court in this matter. It is further ordered that the appellee shall file twelve additional copies of the appendix previously filed in this case.

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4 cases
  • Moore v. Com.
    • United States
    • Virginia Supreme Court
    • 31 Octubre 2008
    ...there was no reasonable suspicion to justify the stop?" The Court of Appeals granted the Commonwealth's petition. Moore v. Commonwealth, 49 Va.App. 497, 642 S.E.2d 769 (2007). A majority of the Court of Appeals, sitting en banc, declined to address the Fourth Amendment question upon which t......
  • Cross v. Com.
    • United States
    • Virginia Court of Appeals
    • 3 Abril 2007
    ...642 S.E.2d 763 ... 49 Va. App. 484 ... Eddie CROSS ... COMMONWEALTH of Virginia ... Record No. 2781-04-1 ... Court of Appeals of Virginia, ...         Based on the Commonwealth's concession that Moore v. Commonwealth, 272 Va. 717, 636 S.E.2d 395 (2006), controls the ... ...
  • Gibbs v. Commonwealth
    • United States
    • Virginia Court of Appeals
    • 6 Junio 2017
    ...first saw the vehicle. 4. The panel decision was vacated when this Court granted en banc review of the case. Moore v. Commonwealth, 49 Va. App. 497, 642 S.E.2d 769 (2007) (en banc). Subsequently, the Supreme Court held that the panel "reached the correct result." 276 Va. at 757, 668 S.E.2d ......
  • Moore v. Com.
    • United States
    • Virginia Court of Appeals
    • 27 Diciembre 2007
    ...49 Va.App. 294, 308-11, 640 S.E.2d 531, 538-39 (McClanahan, J., dissenting), reh'g en banc granted by Moore v. Commonwealth, 49 Va.App. 497, 642 S.E.2d 769 (2007), I would affirm the ruling of the trial ELDER, J., with whom FELTON, C.J., and BEALES, J., join, dissenting. It is undisputed th......

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