Michael Anthony Winston v. Commonwealth of Virginia

BENTON, Judge.

A jury convicted Michael Anthony Winston of unlawful wounding. On appeal, Winston contends the trial judge erred in recalling to the venire panel a person whom the judge had previously struck for cause. He also contends the trial judge erred in denying his motion for a mistrial after a witness testified that Winston committed prior bad acts. For the reasons that follow, we reverse the conviction and remand for further proceedings.

I

The grand jury indicted Winston for malicious wounding, in violation of Code § 18.2-51. Prior to trial, Winston made a motion in limine to bar one of…