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Sodomy Virginia Rape Sexual Violent Predator Lawyers Richmond City

Sodomy Virginia Rape Sexual Violent Predator Lawyers Richmond City

Leo v. Commonwealth of Virginia
Facts:

Defendant was convicted of, among other things, rape and sodomy and sentenced to a total of 45 years imprisonment, with five years suspended. Prior to his scheduled release from incarceration, the Commonwealth filed a petition pursuant to the Sexually Violent Predator Act, Va. Code Ann. §§ 37.2-900 et seq., requesting defendant’s civil commitment as a sexually violent predator. Defendant argued that the circuit court erred in allowing certain evidence to be presented to the jury. Defendant sought review of a judgment from the Circuit Court of Richmond City (Virginia), which found him to be a sexually violent predator and committed him to the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services for involuntary secure inpatient treatment.

Sodomy Virginia Rape Sexual Violent Predator Lawyers Richmond City

Sodomy Virginia Rape Sexual Violent Predator Lawyers

Issues:
  •  Whether the circuit court erred in admitting expert testimony unadjudicated allegations of sexual misconduct?
  •  Whether expert opinion testimony dependent, unadjudicated allegations are admissible into evidence?
Discussion:

The court held that the trial court erred in allowing an expert, a licensed clinical psychologist, to testify on direct examination about details of unadjudicated allegations of sexual misconduct she learned about from reading police reports. The evidence indicated that the expert, in forming her opinions, considered as true the unsubstantiated allegations contained in the police reports. Furthermore, the error regarding the admission into evidence such hearsay evidence concerning allegations of sexual misconduct by defendant was not harmless because it could not be found with assurance that such evidence did not influence the jury or that it had only a slight effect. The court reversed the trial court’s judgment and remanded for further proceedings.

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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