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MAXWELL v. COM.

Record Nos. 130810, 130881.

754 S.E.2d 516 (2014)

287 Va. 258

Derrick Ganson MAXWELL, S/K/A Derick Ganson Maxwell v. COMMONWEALTH of Virginia. Vincent A. Rowe v. Commonwealth of Virginia.

Supreme Court of Virginia.

February 27, 2014.

Attorney(s) appearing for the Case

Kathleen M. Griffin , Deputy Public Defender, for appellant in No. 130810.

Elizabeth C. Kiernan , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee in No. 130810.

W. McMillan Powers , Assistant Public Defender, for appellant in No. 130881.

Virginia B. Theisen , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee in No. 130881.

Present: All the Justices.

Opinion by Justice LEROY F. MILLETTE, JR.

We consider these two appeals together because they present two different applications of the provision in Code § 8.01-384(A) that addresses the absence of a contemporaneous objection when there is no opportunity to make a timely objection.

In each case, we consider whether the Court of Appeals erred in holding that Rule 5A:18 barred consideration of issues on appeal when the litigant had failed to make a contemporaneous...

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