Commonwealth v. Cady

PRESENT: All the Justices COMMONWEALTH OF VIRGINIA OPINION BY v. Record No. 201204 JUSTICE D. ARTHUR KELSEY OCTOBER 28, 2021 MARK SPENCER CADY FROM THE COURT OF APPEALS OF VIRGINIA In this case, the Commonwealth appeals a split decision by a panel of the Court of Appeals, Cady v. Commonwealth,

72 Va. App. 393

(2020). The decision reversed a misdemeanor conviction based upon a jury verdict finding Mark Spencer Cady guilty of reckless driving in violation of Code § 46.2-852. The Commonwealth alleged that Cady, while driving along a two-lane road, wholly abandoned his duty to keep a proper lookout…