Foley v. Commonwealth

Opinion ON REHEARING EN BANC KOONTZ, C.J. In Foley v. Commonwealth, 8 Va. App. 149, 379 S.E.2d 915 (1989), a panel of this Court held that the trial court erred by failing to exclude juror Hazel Allen for cause. A majority of this Court 1 sitting en banc on September 15, 1989 pursuant to the Commonwealth’s request for rehearing determined that the trial court erred for the reasons stated in the above cited opinion. Barrow, J., Benton, J., Duff, J., and Keenan, J., concurred. Moon, J., joined by Cole, J., Coleman, J., Hodges, J., would affirm the judgment of the trial court for the reasons stated in his dissenting opinion. Footnotes [1] Judge Baker did not participate in the en banc proceeding.