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GARNETT v. COM.

Record No. 3027-04-2.

642 S.E.2d 782 (2007)

49 Va. App. 524

Howard Z. GARNETT, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 10, 2007.

Attorney(s) appearing for the Case

W. Todd Watson (Hargett & Watson, on brief), Glen Allen, for appellant.

Alice T. Armstrong, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and BENTON, ELDER, HUMPHREYS, CLEMENTS, KELSEY, McCLANAHAN, HALEY, PETTY and BEALES, JJ.

UPON REHEARING EN BANC

ELIZABETH A. McCLANAHAN, Judge.

A jury convicted Howard Z. Garnett, Jr. of rape, abduction with intent to defile, assault and battery on a family or household member (third or subsequent offense), and animate object penetration. Garnett contends the trial court erred in denying his motion for a new trial on the grounds that the Commonwealth failed to disclose exculpatory evidence, in the...

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