Cummings v. State

I dissent from the judgment and the ruling in Division 4 of the opinion. Code § 81-1009 provides that upon objection made, the court shall also rebuke counsel. We are bound by the Code and are not at liberty to dispense with a rebuke. A rebuke is a separate requirement and contemplates a direct communication to the attorney and does not mean an indirect and circuitous indication of disapproval. This court has been refusing to follow this Code section. Until it is repealed or declared unconstitutional I think we have to follow it in preference to full bench decisions of this court. In the…