Hall v. Commonwealth

UPON A REHEARING EN BANC

FITZPATRICK, Chief Judge.

Franklin Eugene Hall (appellant) was convicted in a jury trial of aggravated involuntary manslaughter, in violation of Code § 18.2-36.1(B). Appellant argued that the trial court erred in: (1) admitting the results of the preliminary alcosensor test; (2) allowing testimony during the Commonwealth’s case-in-chief that appellant was previously convicted of an unrelated offense of driving under the influence; (3) denying his motion to strike the evidence; and (4) refusing appellant’s jury instruction on causation. A divided panel of this Court…