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DOWDY v. COM.

Record No. 082143.

686 S.E.2d 710 (2009)

Matthew M. DOWDY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 5, 2009.

Attorney(s) appearing for the Case

Jonathan P. Sheldon (Devine, Connell & Sheldon, on briefs), for appellant.

Leah A. Darron, Senior Asst. Atty. Gen. (William C. Mims, Atty. Gen., on brief), for appellee.

Present: KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO and RUSSELL, Senior Justices.

OPINION BY Justice CYNTHIA D. KINSER.

In Husske v. Commonwealth, 252 Va. 203, 476 S.E.2d 920 (1996), we held "that an indigent defendant who seeks the appointment of an expert witness, at the Commonwealth's expense, must demonstrate that the subject which necessitates the assistance of the expert is `likely to be a significant factor in his defense,' and that he will be prejudiced by the lack...

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