Legal Opinion

Commonwealth v. Fields

Fairfax County Circuit Court

Decided April 10, 2014No. Case No. FE-2012-0000773Published

1Opinion of the Court

By Judge Randy I. Bellows

This case presents the following question, which the Court believes to be a matter of first impression: Should a verdict be set aside and a new trial granted where it is discovered subsequent to trial that a subpoenaed defense witness, who the Court concludes would have provided material exculpatory evidence to the jury, asserted his Fifth Amendment privilege and, thereby, became an unavailable witness, based on inaccurate information unintentionally conveyed to him by his counsel?

For the reasons set out below, the Court answers this question in the affirmative, sets…

2Cases cited19 opinions

  1. United States v. ApfelbaumSupreme Court of the United States · 1980
  2. Hines v. CommonwealthSupreme Court of Virginia · 1923
  3. Odum v. CommonwealthSupreme Court of Virginia · 1983
  4. United States v. Richard A. Whittington, Richard Wolfe and W. Lewis Demoss, Jr., DefendantsCourt of Appeals for the Fifth Circuit · 1986
  5. United States v. Henry SaundersCourt of Appeals for the Fourth Circuit · 1991

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