Andrew Vojuan Burrous v. Commonwealth of Virginia
68 Va. App. 275
| Va. Ct. App. | 2017Background
- Burrous was convicted at a bench trial of two robberies, one attempted robbery, and wearing a mask.
- Police recovered a bandana, a white Dollar Tree bag, and a grey sweatshirt near the robbery scene, with a canine tracking scent from the scene to the bandana location.
- DNA analysis tied the bandana to Burrous with a near-certain probability; the mask yielded a major/minor profile with no match in the databank.
- Two victims identified the bandana as the one worn by a robber, and the bandana was found at a location in the robbers’ flight path; the dog’s track connected scene to the bandana.
- The defense challenged sufficiency, arguing DNA alone cannot prove identity; the trial court found Burrous’s DNA was the only DNA on the bandana, leading to convictions, which the Court of Appeals affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence legally sufficient to convict based on DNA and circumstantial proof? | Burrous’s DNA on the bandana plus victims’ identification supports guilt. | DNA alone cannot prove the wearer; alternative theories could explain the bandana’s contact. | Yes, sufficient; rational factfinder could convict Burrous. |
Key Cases Cited
- Crowder v. Commonwealth, 41 Va. App. 658 (2003) (standard for sufficiency review summarized (beyond reasonable doubt) when weighing testimony)
- Jackson v. Virginia, 443 U.S. 307 (1979) (establishes sufficiency standard as rational trier of fact may find guilt beyond a reasonable doubt)
- Kelly v. Commonwealth, 41 Va. App. 250 (2003) (affirms appellate role in evaluating conflicts and inferences for sufficiency)
- Jennings v. Commonwealth, 67 Va. App. 620 (2017) (DNA alone vs. identity of perpetrator; conflict with other evidence may render harmless inference)
- Tyler v. Commonwealth, 254 Va. 162 (1997) (requires excluding innocent explanations when relying on fingerprint/DNA evidence)
- Turner v. Commonwealth, 218 Va. 141 (1977) (recognizes circumstantial circumstances may support attribution of criminal agency)