CYPRESS v. COM.

Record Nos. 070815, 070817.

699 S.E.2d 206 (2010)

Sheldon A. CYPRESS v. COMMONWEALTH of Virginia. Mark A. Briscoe v. Commonwealth of Virginia.

Supreme Court of Virginia.

September 16, 2010.


Attorney(s) appearing for the Case

Charles B. Lustig ( Thomas B. Shuttleworth ; Shuttleworth, Ruloff, Swain, Haddad & Morecock, on brief), Virginia Beach, for appellant Sheldon A. Cypress.

Joseph D. King (King & Campbell, on brief), for appellant Mark A. Briscoe.

Alice T. Armstrong , Assistant Attorney General II; Eugene Murphy , Senior Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General; Stephen R. McCullough , Senior Appellate Counsel, on briefs), for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and RUSSELL and LACY, S.JJ.


Opinion by Justice CYNTHIA D. KINSER.

These two appeals are before this Court on remand from the Supreme Court of the United States. In a per curiam opinion, the Supreme Court vacated this Court's judgment in Magruder v. Commonwealth, 275 Va. 283, 657 S.E.2d 113 (2008), and remanded the cases for further proceedings "not inconsistent with the opinion" in Melendez-Diaz v. Massachusetts, 557 U.S. ___,

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