
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, February 7, 1991                   TAG: 9102070551
SECTION: VIRGINIA                    PAGE: B-3   EDITION: EVENING 
SOURCE: By PAUL DELLINGER SOUTHWEST BUREAU
DATELINE: TAZEWELL                                LENGTH: Short

APPEAL OF RULING HEARD IN TAZEWELL SLAYINGS/

First arguments have been completed in an increasingly complicated appeal of a Tazewell County circuit judge's ruling in the trial of a triple-slaying case.

The ruling came Dec. 11 during the trial of Sam Ealy, charged with the April 16, 1989, shotgun slayings of Robert and Una Mae Davis and the woman's 14-year old son, Bobby Hopewell.

Judge Donald Mullins excluded evidence involving Ealy's car because, he said, no proper search warrant was obtained. Members of the sheriff's office said they happened to spot the car, which they are trying to link to the crime, while at the Ealy residence on other matters.

The trial came to a halt after three days of jury selection when Commonwealth's Attorney Tom Bowen appealed Mullins' ruling.

Bowen argued for a hearing on the appeal during a conference call Tuesday with state Court of Appeals Judges Lawrence Koontz Jr., Bernard Barrow and Norman Moon. It probably will take several weeks for the judges to decide.

If Bowen writes a brief favoring his appeal, defense attorneys then would have 25 days to argue their grounds opposing it. Both sides then would have 50 to 60 days to file additional written briefs before an appeal hearing was scheduled.

by CNB