Legal Opinion · Concurring in part, dissenting in part

Cotton v. Commonwealth

Court of Appeals of Virginia

Decided December 6, 1994No. 2475-92-2Published

1Concurring in part, dissenting in part

Benton, J.,

concurring in part, dissenting in part, and concurring in the judgment reversing the convictions and remanding for a new trial.

I concur in the portions of the opinion styled “The Plastic Bag.” Accordingly, I would reverse the convictions. I would also reverse the convictions for the conduct described in the portion of the opinion styled “The Sheriffs Conduct.” I do not join in the portions of the opinion styled “Fingernail Comparison Evidence,” “The Sufficiency of the Fingernail Comparison,” “Should the Expert’s Testimony Have Been Struck,” and “Presentation of the Expert’s Paper…

2Cases cited17 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Spencer v. CommonwealthSupreme Court of Virginia · 1990
  3. O'Dell v. CommonwealthSupreme Court of Virginia · 1988
  4. United States v. Isiah Williams and Michael ManningCourt of Appeals for the Second Circuit · 1978
  5. Spencer v. CommonwealthSupreme Court of Virginia · 1989

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