Appeals Granted

Case

DERRICK GANSON MAXWELL, S/K/A DERICK GANSON MAXWELL v. COMMONWEALTH OF VIRGINIA
(Record Number 130810)

From

The Court of Appeals of Virginia.

Counsel

Kathleen M. Griffin (Office of the Public Defender) for appellant.

Elizabeth C. Kiernan (Office of the Attorney General) for appellee.

Assignments of Error

1. The Court of Appeals erred by concluding that Maxwell's counsel failed to timely object to the trial court's ex parte communication with the jury outside the presence of Maxwell and his counsel.
2. The Court of Appeals erred by failing to consider Appellant's asserted error that the trial court committed reversible error by ex parte responding to jury questions outside of his presence, because such assigned error was properly preserved in the trial court and not barred by Rule 5A:18 and should be further considered applying Virginia Code sec. 8.01-384.

Date Granted

  09-30-2013