Conway v. Commonwealth

Coleman, J.,

with whom Cole, J.* joins, concurring and dissenting.

A majority of the court sitting en banc reverses the trial court and assigns the same reasons expressed by a panel of this court whose opinion is reported at 11 Va. App. 103, 397 S.E.2d 263 (1990). As a member of that panel, I expressed my separate views in an opinion reported in 11 Va. App. at 111, 397 S.E. at 268, in which I concurred with the majority there, as I do here, that the failure of the Commonwealth’s attorney to disclose to the defendant the tape recording of his conversation with Detective Harding was a violation…