The Court of Appeals of Virginia.
Jennifer M. Newman for appellant.
Michael E. Hollomon (Office of the Commonwealth's Attorney) for appellee.
GRANTED APPEAL SUMMARY
Assignments of Error
2. The Court of Appeals erred in finding that the jury instruction issue was not preserved and did not satisfy the ends of justice exception. Specifically, Banks argued that the trial court erred in instructing the jury that the testimony of one witness was sufficient evidence.
5. The Court of Appeals erred in finding that the ends of justice exception does not apply in this case where the trial court denied a motion and allowed convictions to stand where the Commonwealth improperly impeached an alibi witness and suggested the witness was not credible based on inaccurate information.