ALSTON v. COM.

Record No. 012348.

570 S.E.2d 801 (2002)

264 Va. 433

Anthony T. ALSTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 1, 2002.


Attorney(s) appearing for the Case

Joseph R. Winston, Special Appellate Counsel, for appellant.

Kathleen B. Martin, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: All the Justices.


Opinion By Chief Justice HARRY L. CARRICO.

The question for decision in this case is whether the Court of Appeals erred in approving the trial court's admission into evidence of an uncounseled custodial statement made by the defendant when he was represented by counsel previously appointed on an unrelated charge. Finding that the Court of Appeals did not err, we will affirm its judgment.

The record shows that in the early morning hours of February 12, 2000...

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