KEARNEY v. COM.

Record No. 0080-99-1.

531 S.E.2d 23 (2000)

32 Va. App. 790

Anthony KEARNEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

July 18, 2000.


Attorney(s) appearing for the Case

Robert E. Kowalsky, Jr., Chesapeake, for appellant.

Richard B. Smith, Senior Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, BRAY and BUMGARDNER, JJ.


COLEMAN, Judge.

Anthony Kearney was convicted in a jury trial of second degree murder and use of a firearm during the commission of a felony. He was sentenced to thirty-two years in prison for murder and three years in prison for the firearm offense. The sole issue on appeal is whether the trial judge impermissibly restricted Kearney's testimony during the sentencing phase of the bifurcated trial by refusing to allow him to testify that he had no knowledge that his...

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