David Gregory Landeck v. Commonwealth of Virginia

BEALES, Judge.

A jury convicted Christopher Todd Landeck and David Gregory Landeck (collectively, appellants) of aggravated malicious wounding, in violation of Code § 18.2-51.2. On appeal, appellants argue that the trial court erred when it: (1) admitted evidence of a racial epithet attributed to Christopher Landeck; (2) denied appellants’ motion for a mistrial following the prosecution’s rebuttal argument to the jury; (3) overruled appellants’ objection to the Commonwealth’s proposed jury instruction concerning the heat of passion; and (4) denied appellants’ motion to set aside the jury’s…