ADKINS v. COM.

Record No. 2158-96-3.

492 S.E.2d 833 (1997)

26 Va. App. 14

Kathy Myrtle ADKINS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

November 10, 1997.


Attorney(s) appearing for the Case

Buddy H. Wallen, Clintwood, for appellant.

Ruth Ann Morken, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: MOON, C.J., and BENTON and COLEMAN, JJ.


BENTON, Judge.

In this appeal, we consider whether the trial judge violated the defendant's due process rights by appointing the private prosecutor retained by the victim's family to act as special prosecutor after the Commonwealth's attorney withdrew from the case. For the reasons that follow, we reverse the convictions and remand for a new trial.

I.

Kathy Myrtle Adkins was indicted by a grand jury for murder and use of a firearm in the commission...

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