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PAYNE v. COMMONWEALTH

Record No. 151524.

794 S.E.2d 577 (2016)

Deante Lamar PAYNE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

December 29, 2016.

Attorney(s) appearing for the Case

Frank K. Friedman , Roanoke, ( Erin B. Ashwell , Roanoke; Aaron B. Houchens ; Woods Rogers; Stanley & Houchens, on briefs), for appellant.

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

Amicus Curiae: The American Psychological Association ( John C. Polley ; Nathalie F.P. Gilfoyle ; Brittany C.B. Amadi ; David W. Ogden ; Daniel S. Volchok ; Wilmer Cutler Pickering Hale and Dorr; American Psychological Association, on brief), in support of appellant.

Amicus Curiae: The Mid Atlantic Innocence Project and the Innocence Project ( Clifford M. Sloan ; Frank E. Correll, Jr. ; Paul M. Kerlin ; James C. Altman ; Skadden, Arps, Slate, Meagher & Flom, on brief), in support of appellant.

Amicus Curiae: The Virginia Association of Criminal Defense Lawyers ( Marvin D. Miller , Alexandria; John R. Maus , Louisa, on brief), in support of appellant.

PRESENT: Lemons, C.J., Goodwyn, Mims, McClanahan, Powell, and Kelsey, JJ., and Russell, S.J.

In this appeal, we consider whether an email sent by the detective investigating a robbery was properly excluded at trial. We also consider whether a proffered jury instruction loosely modeled on one discussed in United States v. Telfaire, 469...

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