SATTERWHITE v. COM.

Record No. 0849-09-1.

695 S.E.2d 555 (2010)

56 Va. App. 557

Darin Monta SATTERWHITE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

July 27, 2010.


Attorney(s) appearing for the Case

Michael C. Rosenblum (Duncan R. St. Clair, III; St. Clair & Rosenblum, Norfolk, on brief), for appellant.

Jennifer C. Williamson, Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee.

Present: FRANK, KELSEY and POWELL, JJ.


KELSEY, Judge.

Dominic Joyner was shot four times at close range. As he faded in and out of consciousness, he identified the shooter as Darin Satterwhite. Joyner later died from gunshot wounds. A jury found Satterwhite guilty of murdering Joyner. At trial and on appeal, Satterwhite argues the victim's statements were inadmissible both under state evidentiary and federal constitutional law because the victim was not present at trial and thus was unavailable for cross...

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