Hills v. Commonwealth

SENIOR JUSTICE STEPHENSON

delivered the opinion of the Court.

In Fishback v. Commonwealth, 260 Va. 104, 115, 532 S.E.2d 629, 634 (2000), we established a new rule requiring trial courts to instruct juries on the abolition of parole for non-capital felony *809offenses committed on and after January 1, 1995. In this appeal, we determine (1) whether the appropriate remedy for a Fishback error is a remand of the case for a new sentencing hearing only, and (2) whether Fishback requires a trial court to permit voir dire examination of prospective jurors concerning their knowledge of parole ineligibility.

I