Virginia Supreme Court Arguments in April

Case name followed by assigned error(s):

Newby v. Commonwealth, No. 091247:

The Court of Appeals erred in upholding the trial court’s error in denying Newby’s Motion to Strike the Evidence, both at the conclusion of the Commonwealth’s evidence and at the conclusion of all the evidence, on the grounds that the evidence did not prove that he had committed any portion of the offense alleged in the City of Hampton, Virginia.

Herndon v. Commonwealth, No 091265:

The Court of Appeals erred in affirming the trial court’s admission of the certificate of analysis contained in Commonwealth’s Exhibit 1 into evidence, because the item described in the certificate of analysis was not shown to be the same item the officer submitted to the laboratory.

Cokes v. Commonwealth, No. 091507:

The Court of Appeals erred by holding that the trial court did not abuse its discretion by denying Cokes’ request to withdraw his jury trial waiver and to proceed with a jury trial.

Midkiff v. Commonwealth, No. 091793:

The trial court erred in admitting into evidence, over Petitioner's objection, images which were not taken directly from the hard drive of the computer seized from Petitioner's home because they were neither the best evidence of the images nor reliable evidence of the images.

Carter v. Commonwealth, No. 091895:

The Commonwealth failed to prove the grand larceny indictment, that paint was stolen from the store.