Brown v. Commonwealth
57 Va. App. 381
| Va. Ct. App. | 2010Background
- Appellant Brown was convicted of first-degree murder for his father’s death on September 29, 2006.
- A probable-cause finding to try Brown for murder occurred on February 13, 2007, and an indictment followed on February 20, 2007 with trial set for March 14, 2007.
- The murder trial date was repeatedly continued, culminating in a February 25, 2008 trial date after insanity-defense notice in 2007.
- Brown faced unrelated charges for malicious wounding and unlawful wounding beginning August 21, 2007, with competency proceedings in the general district court.
- Competency evaluations began in 2008; Dr. Hendricks diagnosed incompetence, and Dr. Lindsay and later Dr. Stredny issued opinions on competency.
- A misaddressed expert report in October 2008 delayed the circuit court’s receipt of Dr. Stredny’s competency report until May 6, 2009, when the court first heard it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the speedy-trial period tolled under 19.2-243 ended earlier than July 10, 2009. | Brown argues tolling ended on October 31, 2008, or shortly after. | Commonwealth contends tolling continued until July 10, 2009, when competency was restored. | Tolling continued until July 10, 2009; trial within five months thereafter. |
| Whether circuit court’s failure to promptly determine competency under 19.2-169.1(E) affected speedy-trial running. | Brown asserts court violated 169.1(E) by delaying competency ruling after October 31, 2008. | Commonwealth argues promptness depends on when the court actually receives the evaluator’s report. | No remedy required resuming speedy-trial timing; court did not act promptly until May 6, 2009, but no mandate to restart five-month clock. |
| Whether the restoration datum under 19.2-169.1(E) determines the resumption date of the speedy-trial clock. | Brown contends clock resumed after October 31, 2008 report. | Restoration date is when the court formally determines competency, not merely when the report issues. | Formal restoration occurred July 10, 2009; clock resumed then. |
| Whether Brown was within the statutory speedy-trial period after the clock resumed on July 10, 2009. | Brown’s trial began July 13, 2009, within the five-month period. |
Key Cases Cited
- Heath v. Commonwealth, 261 Va. 389 (2001) (speedy-trial tolling in competency contexts)
- In re Commonwealth, 278 Va. 1 (2009) (mandamus and procedures to compel court action)
- Robinson v. Commonwealth, 28 Va.App. 148 (1998) (burden on Commonwealth to show delay tolled or excused)
- Baity v. Commonwealth, 16 Va.App. 497 (1993) (en banc considerations on speedy-trial issues)
- Sink v. Commonwealth, 28 Va.App. 655 (1998) (statutory speedy-trial interpretation and deference to trial court findings)
- Va. Polytechnic Inst. & State Univ. v. Interactive Return Serv., Inc., 271 Va. 304 (2006) (statutory interpretation framework and plain-language approach)