Brown v. Commonwealth

BENTON, Judge.

Thomas Payne Brown, Jr.’s first trial for murder ended in a mistrial after the jury failed to reach a verdict. In his second trial, Brown was convicted of first degree murder. The Supreme Court reversed the conviction because the trial judge did not allow Brown to cross-examine the Commonwealth’s chief witness, Daniel Sydow, regarding offers of leniency made by the Commonwealth and also because the trial judge refused to allow Brown’s counsel to proffer the barred testimony. Brown v. Commonwealth, 246 Va. 460, 437 S.E.2d 563 (1993). When Brown was tried a third time, he was…