Appeals Granted

Case

JANICE LARUE ORNDORFF v. COMMONWEALTH OF VIRGINIA
(Record Number 090907)

From

The Court of Appeals of Virginia.

Counsel

Kimberly A. Irving (Irving & Irving, P.C.) for appellant.

Eugene Murphy (Office of the Attorney General) for appellee.

Assignments of Error

1. The Court of Appeals erred when it held that the circuit court did not abuse its discretion in determining that evidence discovered after trial establishing Ms. Orndorff's insanity at the time of the offense was not material and therefore did not warrant a new trial.
2. The Court of Appeals erred in not addressing the circuit court's erroneous determination that even if material evidence of insanity existed, that evidence could not serve as the basis for an insanity defense at a new trial under Virginia law.
3. ASSIGNMENT OF CROSS-ERROR: The Court of Appeals erred in not ruling that the circuit court had properly determined that even if material evidence of disassociative identity disorder existed, that evidence could not serve as the basis for an insanity defense.

Date Granted

  10-30-2009