Virginia's Judicial System


Appeals Granted


Case

COMMONWEALTH OF VIRGINIA v. TONY MARK HERRING, JR.
(Record Number 130989)

From

The Court of Appeals of Virginia.

Counsel

Kenneth T. Cuccinelli, II and Robert H. Anderson, III (Office of the Attorney General) for appellant.

John I. Hill (Poindexter, Schorsch, Jones & Hill, P.C.) for appellee.

Assignments of Error

  1. THE COURT OF APPEALS WRONGLY HELD THAT THE DEFENDANT'S ASSIGNMENT OF ERROR DID NOT WARRANT DISMISSAL OF THE APPEAL UNDER RULE 5A:12(c)(1)(ii) AND WRONGLY REACHED THE MERITS OF HIS SUFFICIENCY CLAIM.
  2. THE COURT OF APPEALS WRONGLY DID NOT ADDRESS OR SUSTAIN THE COMMONWEALTH'S ARGUMENT THAT THE DEFENDANT DEFAULTED AT TRIAL ON HIS ARGUMENT THAT THE EVIDENCE DID NOT PROVE HE INTENDED TO DEPRIVE THE FOUR VICTIMS OF THEIR PERSONAL LIBERTIES.
  3. THE COURT OF APPEALS ERRONEOUSLY HELD THAT THE EVIDENCE DID NOT PROVE THE DEFENDANT HAD INTENDED TO DEPRIVE THE FOUR VICTIMS OF THEIR PERSONAL LIBERTY AND THUS ERRONEOUSLY REVERSED THE ABDUCTION CONVICTIONS.

Date Granted

  12-17-2013