Spence v. Commonwealth

Full title: TRAVIS WADE SPENCE v. COMMONWEALTH OF VIRGINIA

Court: COURT OF APPEALS OF VIRGINIA

Date published: Apr 3, 2012

Record No. 1492-10-3 (Va. Ct. App. Apr. 3, 2012)

Opinion

Record No. 1492-10-3

04-03-2012

TRAVIS WADE SPENCE v. COMMONWEALTH OF VIRGINIA

Helen E. Phillips (Charles H. Slemp, III; McGlothlin & Phillips, PLLC; Slemp Law Office, PLLC, on brief), for appellant. Donald E. Jeffrey, III, Senior Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee.

SAM W. COLEMAN III

Present: Judges Alston, Huff and Senior Judge Coleman
Argued at Salem, Virginia

MEMORANDUM OPINION^* BY

* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

JUDGE

FROM THE CIRCUIT COURT OF BUCHANAN COUNTY

Patrick R. Johnson, Judge

Helen E. Phillips (Charles H. Slemp, III; McGlothlin & Phillips, PLLC; Slemp Law Office, PLLC, on brief), for appellant.

Donald E. Jeffrey, III, Senior Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee.

Travis Wade Spence (appellant) appeals his convictions of first-degree murder and obstruction of justice. On appeal, appellant contends the trial court erred in denying his motion to set aside the verdict because trial counsel did not render him effective assistance. However, claims raising ineffective assistance of counsel are not cognizable on direct appeal.¹ See Blevins v. Commonwealth, 267 Va. 291, 296, 590 S.E.2d 365, 368 (2004). "Claims of ineffective assistance of counsel may no longer be raised on direct appeal. Code § 19.2-317.1, which had allowed direct appeal of such claims under certain circumstances, was repealed in 1990. 1990 Va. Acts, c. 74." Browning v. Commonwealth, 19 Va. App. 295, 297 n.2, 452 S.E.2d 360, 362 n.2 (1994). Accordingly, we do not address the merits of appellant's argument, and appellant's convictions are affirmed.

1 Claims of ineffective assistance of trial counsel may be raised for the first time in a state habeas corpus proceeding without violating Virginia law that non-jurisdictional issues that could have been raised at trial and on direct appeal are not cognizable in a petition for a writ of habeas corpus. See Walker v. Mitchell, 224 Va. 568, 571, 299 S.E.2d 698, 699 (1983).

Affirmed.