REED v. COM.

Record No. 091803.

706 S.E.2d 854 (2011)

Charles E. REED, III, v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 4, 2011.


Attorney(s) appearing for the Case

John E. Davidson ( L. Steven Emmert , Virginia Beach; Davidson & Kitzmann; Sykes, Bourdon, Ahen & Levy, on briefs), for appellant.

Kathleen B. Martin , Senior Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and KOONTZ, S.J.


OPINION BY Senior Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the circuit court properly denied a motion to vacate the convictions in a criminal case on the ground that the judgment was void ab initio because the foreman of the grand jury did not sign the indictments under which the defendant was subsequently tried, convicted, and sentenced.

BACKGROUND

The relevant facts are not in dispute. On October 4, 2004, the grand jury...

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