State appeals decision to reverse Ashley White conviction

From Pulaski County Commonwealth’s Attorney’s Office
We are pleased to advise that after speaking to Attorney General Mark Herring, his office has filed an appeal of the decision that reversed the Ashley White conviction.  That decision was made by a three judge panel of the Virginia Court of Appeals.  The appeal, known as a petition for rehearing en banc will now go before all eleven Judges of the Court of Appeals who will review the decision of the original three Judges. 
In their brief to the full panel, the Office of the Attorney General argued that the panel erred in holding the evidence was insufficient to prove the defendant performed a willful act or willful omission within the meaning of the statute.
“We expect a decision of the full panel in the next 30 to 60 days, and appreciate the continued efforts of the Office of the Attorney General in upholding the conviction in this important case,” said Commonwealth’s Attorney Mike Fleenor.