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Sodomy Virginia Mistrial Evidence Intent Lawyers Roanoke County

Sodomy Virginia Mistrial Evidence Intent Lawyers Roanoke County

JUDITH V. COMMONWEALTH
Facts:

Defendant was convicted of attempted sodomy and sodomy with a child under 13 years old, violations of Va. Code Ann. §§ 18.2-26, 18.2-67.1, and 18.2-67.1, respectively. Defendant appealed his convictions, arguing the trial court erred by permitting the Commonwealth to introduce evidence of his sexual paraphernalia and in denying his request for a mistrial.

Sodomy Virginia Mistrial Evidence Intent Lawyers Roanoke County

Sodomy Virginia Mistrial Evidence Intent Lawyers

Issue:

Whether the trial court erred by allowing the Commonwealth to introduce evidence of defendant’s sexual paraphernalia and denying his request for a mistrial?

Discussions:

Defendant argued the possession of the items was not illegal, that their admission was not probative of any issue at trial, and was prejudicial. The court found proof of defendant’s possession of the sex toys corroborated the victim’s account of defendant’s attack and defendant’s use of those items was probative of his intent toward his victims. The court affirmed, holding the trial court offered a curative jury instruction that possession of sexual paraphernalia was not an element of the crime against defendant and limited the purpose for which the jury could have considered the evidence. Further, the court held the trial court possessed the sole discretion to declare a mistrial.

Judgment:

Judgment affirmed, because the trial court offered a curative jury instruction that possession of sexual paraphernalia was not an element of the crime against defendant and limited the purpose for which the jury could have considered the evidence. Further, the court held whether to order a mistrial was within the sole discretion of the trial court.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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