Virginia's Judicial System


Appeals Granted


Case

TONY MARK HERRING, JR. v. COMMONWEALTH OF VIRGINIA
(Record Number 131059)

From

From the Court of Appeals of Virginia.

Counsel

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

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

Assignment of Error

  1. THE COURT OF APPEALS ERRONEOUSLY HELD THAT THE TRIAL COURT HAD NOT ERRED WHEN IT FAILED TO GRANT DEFENDANTS MOTION TO STRIKE THE COMMONWEALTH'S EVIDENCE AS BEING INSUFFICIENT AS A MATTER OF LAW TO PROVE THAT THE DEFENDANT FORMED A SPECIFIC INTENT TO COMMIT MALICIOUS PREMEDITATED MURDER AND THAT SUBSEQUENTLY HE PERFORMED A DIRECT YET INEFFECTUAL ACT TOWARD THE COMMISSION OF THAT CRIME, AND THAT THEREFORE THE DEFENDANT USED A FIREARM IN THE COMMISSION OF A FELONY.

Date Granted

  12-17-2013