Christopher Michael Clay v. Commonwealth of Virginia
1216243
Va. Ct. App.May 27, 2025Background
- Christopher Michael Clay was arrested on May 29, 2023, for DUI (after a prior felonious DUI), driving with a revoked license due to DUI, and unreasonable refusal of a breath test (second offense).
- Clay remained in custody and was represented by court-appointed counsel; a preliminary hearing was held July 11, 2023, at which probable cause was found and charges were certified to the grand jury.
- After indictment on September 11, 2023, two continuance agreements—both signed by Clay’s attorney and the prosecutor—were entered, each waiving Clay’s speedy trial rights for the period covered.
- On January 31, 2024, Clay filed a notice stating he no longer waived his speedy trial rights and, on February 15, 2024, moved to dismiss for violation of those rights.
- The trial court denied the motion, finding the waivers by counsel binding; the case was continued for Clay’s requested jury trial, and he was convicted on March 14, 2024.
Issues
| Issue | Clay's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Statutory Speedy Trial Violation (Code § 19.2-243) | Counsel waived rights “without client’s consent”; waivers invalid | Counsel or defendant may waive; waivers valid | No violation |
| Constitutional Speedy Trial Violation | Trial delay violated constitutional speedy trial rights | Not preserved for appeal | Waived/not considered |
| Validity of Attorney’s Waiver on Speedy Trial Rights | Waiver by counsel not attributable to client without consent | Counsel’s waiver binds client | Waiver binding |
| Denial of Motion to Dismiss for Speedy Trial Violation | Motion should have been granted due to untimely trial | Continuances tolled speedy trial period | Motion properly denied |
Key Cases Cited
- Goodwin v. Commonwealth, 71 Va. App. 125 (Va. Ct. App. 2019) (recites standard of appellate review in light most favorable to prevailing party)
- Wallace v. Commonwealth, 65 Va. App. 80 (Va. Ct. App. 2015) (explains burden on Commonwealth to explain speedy trial delay)
- McCray v. Commonwealth, 44 Va. App. 334 (Va. Ct. App. 2004) (holds counsel may waive defendant’s statutory speedy trial right)
- Heath v. Commonwealth, 261 Va. 389 (Va. 2001) (agreement to set trial beyond statutory period is a continuance for § 19.2-243 purposes)
- Commonwealth v. Hutchins, 260 Va. 293 (Va. 2000) (discusses defendant’s concurrence in trial date as tolling speedy trial clock)
- Spanos v. Taylor, 76 Va. App. 810 (Va. Ct. App. 2023) (appellate court will not invoke exceptions to contemporaneous objection rule sua sponte)