Angel v. Com., 704 S.E.2d 386

Angel, convicted by Arlington County jury of malicious wounding, abduction with intent to defile, two counts of object sexual penetration, and misdemeanor sexual battery, arising from attacks on two women on July 9 and June 18, 2006.
Evidence linked Angel to the V.L. attack, including witness description, a lime green motorbike, and a prior related assaults pattern in the area.
V.L. sustained severe injuries and a wooden stick was found in her anus, with DNA from blood on a shoe allegedly linking Angel to V.L., and V.L. and S.P. attacks occurred within an hour and within several miles of each other.
Angel was identified by K.G. in Alexandria and initially gave false identity; later, Arlington and Alexandria police connected him to multiple July 9 assaults.
At trial, Angel argued multiple errors including suppression of statements, parental notification, joinder and other crimes evidence, DNA-evidence-related issues, mistrial, and an Eighth Amendment challenge under Graham, which Virginia Supreme Court ultimately addressed by affirming the Court of Appeals.
Virginia’s Supreme Court affirmed, holding no reversible error on suppressed statements, parental-notification concerns, DNA/continuance issues, joinder/other-crimes evidence, mistrial denial, and Graham-based life sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Miranda waiver of rights	Angel argues no valid waiver; mere understanding didn't prove waiver.	Commonwealth contends Angel expressly waived rights in Spanish and signed waiver form.	Waiver found valid; knowingly, intelligently, and voluntarily.
Parental notification and due process	Angel claims due process requires parental notification at advisement/transfer hearings.	Commonwealth asserts no constitutional right to parental notification in non-adjudicatory proceedings; counsel/guardian safeguarded interests.	No constitutional right to parental notification in non-adjudicatory hearings; process adequate.
Joinder and admission of other crimes	Joinder and other-crimes evidence prejudicial and improper.	Linkage shows common perpetrator; evidence admissible and properly contextualized.	Joinder harmless; other-crimes evidence admissible and prejudicial impact not substantial.
DNA evidence and continuance	DNA expert and continuance were crucial; denial harmed defense.	Evidence aside from DNA identified Angel; DNA was not sole link; denial harmless.	Harmless error; remaining identity evidence sufficed; continuance not required.
Graham v. Florida and life sentences	Graham requires vacating life-without-parole for nonhomicide offenses for juveniles.	Code § 53.1-40.01 provides conditional release mechanisms; no need to vacate.	Graham does not require release; Virginia statute provides meaningful opportunity for release; sentences affirmed.

Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (waiver must be knowing and intelligent)
In re Gault, 387 U.S. 1 (U.S. 1967) (juvenile due process rights in certain proceedings)
Kent v. United States, 383 U.S. 541 (U.S. 1966) (due process in juvenile proceedings; transfer/adjudication considerations)
North Carolina v. Butler, 441 U.S. 369 (U.S. 1979) (silence after warnings is not enough for waiver)
Harrison v. Commonwealth, 244 Va. 576 (Va. 1992) (miranda waiver can be inferred from conduct)
Shackleford v. Commonwealth, 262 Va. 196 (Va. 2000) (procedural error cured by indictment; due process considerations)
Lilly v. Commonwealth, 258 Va. 548 (Va. 1999) (harmless error standard for constitutional rights)
Chichester v. Commonwealth, 248 Va. 311 (Va. 1994) (admissibility of similar acts in identity cases)
Turner v. Commonwealth, 259 Va. 645 (Va. 2000) (similarity required for other crimes evidence)
Graham v. Florida, 560 U.S. _ (U.S. 2010) (life without parole for nonhomicide offenses by juveniles violates Eighth Amendment; meaningful opportunity for release)
Ake v. Oklahoma, 470 U.S. 68 (U.S. 1985) (right to expert assistance when fundamental fairness requires)
Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-error standard)
Kent v. United States, 383 U.S. 541 (U.S. 1966) (due process and fairness in juvenile proceedings)