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LEMONS v. COM.

Record No. 2488-92-3.

446 S.E.2d 158 (1994)

Warren Edward LEMONS, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 5, 1994.

Attorney(s) appearing for the Case

Wayne D. Inge, Roanoke, for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and KOONTZ, JJ.

BARROW, Judge.

In this appeal, we examine the futile and costly result of a prosecutor's refusal to disclose an exculpatory statement to a criminal defendant. Being unable to conclude, to a reasonable degree of probability, that had the exculpatory statement "been disclosed to the defense, the result of the proceeding would have been different," we must affirm. United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. 3375, 3383...

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