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TURNER v. COM.

Record No. 111563.

726 S.E.2d 325 (2012)

Mario Lamar TURNER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 7, 2012.

Attorney(s) appearing for the Case

Charles E. Haden , Hampton, for appellant.

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

Amicus Curiae: Virginia Indigent Defense Commission ( David J. Johnson ; Richmond, D.J. Geiger; Catherine French, on brief), in support of appellant.

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

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider whether the circuit court properly held that a witness was unavailable to testify under the criteria established in Sapp v. Commonwealth, 263 Va. 415, 559 S.E.2d 645 (2002).

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Darnell Robinson was standing with a group of friends and high school football teammates when...

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