Murillo-Rodriguez v. Commonwealth – June 23, 2009
Posted by ron on June 23, 2009 · Leave a Comment
Murillo-Rodriguez challenges the trial court’s denial of his motion to strike at the close of all the evidence, and the CAV decision that his appeal of that ruling was barred by Rule 5A:18.
Media Links
Fairfax County Police Press Release
Details
From
The Court of Appeals of Virginia (one-judge order)
Counsel
Michael C. Sprana for appellant.
Raymond F. Morrogh and Marc J. Birnbaum (Office of the Commonwealth’s Attorney) for appellee.
Assignments of Error
1. The Court of Appeals erred in ruling that the petitioner waived his motion to strike the evidence by not renewing his motion to strike or making a motion to set aside the verdict after putting on evidence [in] his own defense.
2. The Court of Appeals erred in affirming the trial court’s denial of the petitioner’s motion to strike.
Date Granted
6-19-2009