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DANIELS v. COM.

Record No. 071065.

657 S.E.2d 84 (2008)

Robert Kareem Bashir DANIELS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 29, 2008.

Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Defender (Stacie A. Cass, Asst. Appellate Defender, on brief), for appellant.

Karri B. Atwood, Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, AGEE, and GOODWYN, JJ., and LACY, S.J.

OPINION BY Senior Justice ELIZABETH B. LACY.

In this case we consider whether the trial court abused its discretion in denying a proposed jury instruction on eyewitness identification.

FACTS

The following events occurred in Norfolk, Virginia. On the evening of December 29, 2004, Kay Goldsmith opened her car door, entered the driver's seat, and, when she reached to close the door, a tall, slender male approached her. He ordered Goldsmith to unlock...

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