CaseVINCENT A. ROWE v. COMMONWEALTH OF VIRGINIA
(Record Number 130881)
FromThe Court of Appeals of Virginia
CounselW. McMillan Powers (Office of the Public Defender) for appellant.
W. Thomas Knowles (Office of the Commonwealth's Attorney) for appellee.
Assignment of Error
- The Court of Appeals erred when it held that defendant procedurally defaulted and did not preserve his objection to the Commonwealth's improper closing argument and to the trial court's denial of his timely motion for a mistrial because defendant did not make a timely objection to the prosecutor's comments because defendant objected after the jury had deliberated. A. Defendant did not procedurally default. B. The Court of Appeals erred in failing to address the substantive issue of the trial court's denial of defendant's motion for a mistrial.