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KREIGER v. COMMONWEALTH


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KREIGER

v.

COMMONWEALTH


COURT OF APPEALS OF VIRGINIA

Present: Judges Felton, Kelsey and Senior Judge Willis

Argued at Richmond, Virginia
Record No. 0408-00-2


ARTHUR C. KREIGER, II


v.

COMMONWEALTH OF VIRGINIA
MEMORANDUM OPINION PER CURIAM
JUNE 10, 2003


FROM THE CIRCUIT COURT OF THE CITY OF PETERSBURG

James F. D’Alton, Jr., Judge

Arthur C. Kreiger, II, pro se.

(Louis A. Rosenstock, III, Special Assistant City Attorney, on brief), for appellee. Appellee submitting on brief.

Arthur C. Kreiger, II, appeals the trial court’s denial of his motion for court-appointed counsel and copies of transcripts for his defense of a contempt proceeding.[1] In Kreiger v. Commonwealth, 38 Va. App. 569, 567 S.E.2d 557 (2002) (en banc), we held that Kreiger’s contempt proceeding was civil in nature and thus he was not entitled to transcripts or court-appointed counsel on appeal. Both the rationale and the holding of our en banc decision apply to Kreiger’s request for court-appointed

counsel and transcripts in the trial court. As a result, we affirm for the reasons stated in our en banc opinion.

Affirmed.


FOOTNOTES:

[1] Kreiger’s pro se appeal brief raises other issues that were not presented to the trial court. Finding no basis for invoking the ends of justice or good cause exceptions to Rule 5A:18, we do not address these procedurally defaulted issues.

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