Johnson v. Commonwealth

I respectfully dissent because I believe the majority (1) fails to meaningfully distinguish our decision in London v. Commonwealth, 49 Va.App. 230, 638 S.E.2d 721 (2006), and (2) incorrectly concludes that consideration of Code § 19.2-159.1(B) is barred in deciding the question presented in this appeal.

ANALYSIS

(D

“An accused’s right to be represented by counsel is a fundamental component of our criminal justice system.” Paris v. Commonwealth, 9 Va.App. 454, 459, 389 S.E.2d 718, 721 (1990) (quoting United States v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 2043, 80 L.Ed.2d 657 (1984)).

The…