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COM. v. JACKSON

Record No. 031186.

590 S.E.2d 518 (2004)

267 Va. 226

COMMONWEALTH of Virginia v. Kenneth Lamont JACKSON.

Supreme Court of Virginia.

January 16, 2004.

Attorney(s) appearing for the Case

Robert H. Anderson, III, Senior Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellant.

Christopher P. Reagan (Dan Miller and Associates, Norfolk, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KINSER, and LEMONS, JJ., and CARRICO and COMPTON, Senior Justices.

OPINION BY JUSTICE DONALD W. LEMONS.

In this appeal, we consider whether a trial judge must recuse himself from presiding over a probation revocation hearing if he was the Commonwealth's Attorney for the jurisdiction at the time and place of the defendant's original criminal conviction. The Court of Appeals held that recusal was mandatory under such circumstances. Jackson v. Commonwealth, 40 Va.App. 343,

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