Findlay v. Commonwealth
Annotate this CaseDefendant was convicted of possession of child pornography. Defendant appealed, contending that the trial court erred in failing to suppress the evidence seized from his computer. The court of appeals dismissed Defendant’s petition for appeal. The court declined to address the Fourth Amendment question and instead ruled, sua sponte, that defendant’s assignment of error was insufficient under Va. Sup. Ct. R. 5A:12(c). The Supreme Court reversed, holding that Defendant’s assignment of error was sufficiently detailed to satisfy the requirements of Rule 5A:12(c). Remanded with directions to review the petition for appeal on the merits.
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