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Turner, Mario L v. Commonwealth
111563 Turner, Mario L v. Commonwealth 06/07/2012 In a prosecution on charges of aggravated malicious wounding in violation of Code § 18.2-51.2, and a related firearm offense under Code § 18.2-53.1, the circui…
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111563 Turner, Mario L v. Commonwealth 06/07/2012 In a prosecution on charges of aggravated malicious wounding in violation of Co…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- June 7, 2012
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111563 Turner, Mario L v. Commonwealth 06/07/2012 In a prosecution on charges of aggravated malicious wounding in violation of Code § 18.2-51.2, and a related firearm offense under Code § 18.2-53.1, the circuit court abused its discretion in ruling that a witness for the Commonwealth was unavailable to testify under criteria established in Sapp v. Commonwealth, 263 Va. 415, 559 S.E.2d 645 (2002). The court conducted no inquiry into the witness' claim of memory loss, and in the absence of such an inquiry it had no basis for determining the authenticity of the claim, which is a relevant factor that should have been given significant weight in determining whether he was unavailable. The error…
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