Cecelia Leigh Burnette v. Commonwealth of Virginia
60 Va. App. 462
| Va. Ct. App. | 2012Background
- Burnette was convicted by jury of felony child abuse under Code § 18.2-371.1(A).
- The child, M.B., died from abusive head trauma on Sept. 2, 2008 after being left with Cheek during the day.
- Appellant initially provided inconsistent accounts of who cared for M.B. that day and what happened.
- Authorities found the injuries and internal damage consistent with rapid head acceleration/deceleration; Cheek denied harming M.B. and testified he never shook her.
- Appellant lied to investigators and doctors about M.B.’s injuries and seizure activity, including grand jury testimony.
- Evidence included prior injuries to M.B., CPS involvement, and inconsistencies in appellant’s explanations, which the Commonwealth used to prove guilt beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict felony child abuse | Burnette says Commonwealth failed to prove she caused the injury or knew another did | Cheek could have caused the injuries; chain of circumstances not unbroken | Sufficient evidence supporting conviction |
| Admission of prior bad acts evidence | Prior injuries and CPS involvement show motive, knowledge, or relationship to the child | Evidence is unfairly prejudicial and not probative | No reversible error; admissible under established exceptions; not prejudicial error |
| Cross-examination about profile literature for abusive head trauma perpetrators | Expert should be allowed to address literature showing perpetrator profiles | Experts not qualified on sociology; line of questioning improper | Trial court did not err; experts were pediatrics specialists, not sociologists |
| Admission of autopsy photographs | Photos help prove malice, modality of death, and linkage to the offense | Cause of death not in dispute; risk of prejudice outweighing probative value | Not an abuse of discretion; photographs probative beyond cause and admissible |
Key Cases Cited
- Britt v. Commonwealth, 276 Va. 569 (Va. 2008) (standard for reviewing sufficiency of evidence on appeal)
- Christian v. Commonwealth, 221 Va. 1078 (Va. 1981) (circumstantial-evidence chain must be unbroken to prove guilt)
- Covil v. Commonwealth, 268 Va. 692 (Va. 2004) (false or evasive accounts may support guilt; credibility for jury to resolve)
- Evans v. Commonwealth, 215 Va. 609 (Va. 1975) (prior violence admissible to show motive/knowledge)
- Ortiz v. Commonwealth, 276 Va. 705 (Va. 2008) (prior bad acts evidence to show conduct toward child)
- Pavlick v. Commonwealth, 27 Va. App. 219 (Va. App. 1998) (credibility-based predicate for conditional-relevant evidence)
- Hyde v. Commonwealth, 217 Va. 950 (Va. 1977) (false-statements alone insufficient to prove crime; need substantive evidence)
- Orbe v. Commonwealth, 258 Va. 390 (Va. 1999) (admissibility of photographs when probative value supports motive/intent)