Neely v. Commonwealth

Court of Appeals of Virginia

Neely v. Commonwealth

611 S.E.2d 627, 45 Va. App. 399, 2005 Va. App. LEXIS 151, 2005 WL 850424

CourtCourt of Appeals of Virginia

DecidedApril 12, 2005

DocketRecord No. 2325-03-1

StatusPublished

Cited by1 cases

This text of 611 S.E.2d 627 (Neely v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neely v. Commonwealth, 611 S.E.2d 627, 45 Va. App. 399, 2005 Va. App. LEXIS 151, 2005 WL 850424 (Va. Ct. App. 2005).

Pincite

Opinion

Upon a Rehearing En Banc

By published opinion dated November 9, 2004, a divided panel of this Court reversed the judgment of the trial court. See Neely v. Commonwealth, 44 Va.App. 239, 604 S.E.2d 733 (2004). We stayed the mandate of that decision and granted a rehearing en banc, 44 Va.App. 535, 605 S.E.2d 777 (2004).

Upon rehearing en banc, it is ordered that the stay of the November 9, 2004 mandate is lifted and the judgment of the trial court is reversed and remanded to the trial court for the reasons set forth in the majority panel opinion.

Chief Judge FITZPATRICK, Judges BUMGARDNER, FELTON and HALEY dissent for the reasons set forth in the panel dissent. See 44 Va.App. at 244-47, 604 S.E.2d at 735-36.

It is ordered that the trial court allow counsel for the appellant an additional fee of $200 for services rendered the [400]*400appellant on the rehearing portion of this appeal, in addition to counsel’s costs and necessary direct out-of-pocket expenses.

This order shall be published and certified to the trial court.

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