Rehearing on case of aiding and abetting a failure to appear splits Court of Appeals

The Virginia Court of Appeals split 5-5 on the rehearing en banc in Frazier v. Commonwealth. The earlier panel decision reversed the defendant's conviction for improper use of her testimony in the underlying failure to appear case of her boyfriend. The now-vacated panel opinion was written by Judge Elder, joined by Senior Judge Coleman, with Chief Judge Fitzpatrick dissenting. The rehearing was sought by the Commonwealth. The 5-5 vote means the conviction is affirmed.