Veverka v. Commonwealth

By Judge James L. Berry

This case involves a collateral attack on an habitual offender adjudication entered by this court on October 13,1990, alleging that at the time of such adjudication, complainant was an alcoholic as defined by Va. Code § 37.1-1 and thereby a person under a disability as defined by Va. Code § 8.01-2(6)(d) for whom a guardian ad litem was required by Va. Code § 8.01-9 and that no guardian ad litem having been appointed, such adjudication was void.

At the trial of this matter on November 2, 1992, complainant offered evidence from Dr. Glenn Paul-Carres, a licensed clinical…