TWO NEW EN BANC OPINIONS FROM CAV

On Tuesday, June 14, the Court of Appeals handed down two en banc opinions in criminal cases.  The court affirms the conviction of a woman for murdering her husband in Orndorff v. Commonwealth, and affirms a conviction of possession of a firearm by a convicted felon in Thomas v. Commonwealth

In Orndorff, a panel of the court had reversed the conviction and remanded for a new trial; Tuesday’s ruling reinstates that conviction.  The panel majority, Judges Clements and Benton, are joined by Judge Elder in dissenting from the en banc decision; Chief Judge Fitzpatrick, who dissented in the panel opinion, gets to author the majority opinion this time.

Judge Benton files a lone dissent in Thomas, arguing that the trial court admitted evidence of other bad acts that should have been excluded.

The court also hands down a panel opinion in Kromer v. Commonwealth, addressing for the first time the question of how one “possesses” child pornography when the images are contained on a computer.  In a sufficiency of the evidence appeal, the court finds that the Commonwealth adequately proved that Kromer possessed the materials, and affirms the conviction.