Paul J. Husske, s/k/a, etc. v. Commonwealth

By opinion issued September 20, 1994, in Husske v. Commonwealth, 19 Va.App. 30, 448 S.E.2d 331 (1994), a panel of this Court reversed and remanded for retrial Husske’s convictions of forcible sodomy, rape, robbery, and breaking and entering with intent to commit rape. On the Commonwealth’s motion, we stayed the mandate of that decision and granted rehearing en banc. Upon rehearing en banc, the judgment of the trial court is affirmed by an evenly divided court.¹

1 . Judge Barrow sat for the argument in this case and participated in the initial conference, but died prior to decision without casting a vote.