Commonwealth v. McBride

PRESENT: All the Justices COMMONWEALTH OF VIRGINIA OPINION BY v. Record No. 220715 JUSTICE STEPHEN R. McCULLOUGH October 19, 2023 DANJUAN ANTONIO McBRIDE FROM THE COURT OF APPEALS OF VIRGINIA This appeal presents the question of whether Rule 3A:15 or the Double Jeopardy Clause restricts a trial court’s authority to reconsider a motion to strike that the court erroneously granted. We conclude that Rule 3A:15 does not preclude the court from reconsidering a motion to strike that was erroneously granted. As for the Double Jeopardy Clause, it certainly imposes some limitations on a trial court’s…