PAYNE v. COM.

Record No. 1044-13-3.

776 S.E.2d 442 (2015)

65 Va.App. 194

Deante Lamar PAYNE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Lexington.

September 8, 2015.


Attorney(s) appearing for the Case

Aaron B. Houchens ( Erin B. Ashwell , Roanoke; Stanley, Houchens & Griffith; Woods Rogers PLC, on briefs), for appellant.

Virginia B. Theisen , Senior Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

Amicus Curiae: Virginia Association of Criminal Defense Lawyers ( Marvin D. Miller , Alexandria; John R. Maus , Louisa; Law Offices of Marvin D. Miller, Law Office of John R. Maus, on briefs), for appellant.

Present: HUMPHREYS, PETTY and ATLEE, JJ.


A jury convicted Deante Lamar Payne of robbery and use of a firearm in the commission of a robbery. Payne argues that the trial court erred by (1) refusing his jury instruction regarding eyewitness testimony, (2) refusing his jury instruction regarding the reliability of eyewitness...

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