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FOLTZ v. COM.

Record No. 0521-09-4.

706 S.E.2d 914 (2011)

58 Va. App. 107

David L. FOLTZ, Jr., s/k/a David Lee Foltz, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 5, 2011.

Attorney(s) appearing for the Case

Christopher Leibig , Alexandria, ( Andrea Moseley ; Zwerling, Leibig & Moseley, P.C., on briefs), for appellant.

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

Amicus Curiae: American Civil Liberties Union of Virginia Foundation, Inc. ( Rebecca K. Glenberg , Richmond; Thomas Okuda Fitzpatrick (Third Year Practice Certificate), on brief), for appellant.

Present: FELTON, C.J., and ELDER, FRANK, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.

UPON A REHEARING EN BANC

FELTON, Chief Judge.

David L. Foltz, Jr. ("appellant") was convicted by a jury of abduction with intent to defile pursuant to Code § 18.2-48 and was sentenced to life imprisonment. Before a panel of this Court, appellant contended that the trial court erred by denying his motion to suppress eyewitness testimony of police officers who observed him sexually assault a victim while she walked on a public sidewalk. Specifically, he...

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