New Counsel Cannot Argue Different Reason On Brief

By Deborah Elkins
Published: July 6, 2011

Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his conviction for second offense driving as a habitual offender for lack of sufficient opportunity to appeal his 1999 designation as a habitual offender; the Court of Appeals says defendant failed to raise this issue in his petition for appeal and his new counsel cannot reframe his argument ...

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