Commonwealth v. Potter

By judge D. Arthur Kelsey

The defendant, Martin Leonard Potter, stands accused of capital murder, attempted robbeiy, statutory burglary, and unlawful use of a firearm. According to the Commonwealth, the murder took place at 5424 Pruden Boulevard, Suffolk, Virginia, at a home owned by the grandfather of the young man killed. Over the objection of die grandfather, the defendant moves the Court for a discovery order compelling an inspection of his residence. See Motion to View and Inspect (Feb. 9,2001).

The defendant concedes that Virginia Supreme Court Rule 3A:ll(bX2) permits discovery only of…