Clarence Bernard Coleman v. Commonwealth of Virginia
2173232
Va. Ct. App.Mar 11, 2025Background:
- Clarence Bernard Coleman was convicted by a jury of unlawful wounding and assault and battery of a family member (third or subsequent offense) after striking his wife with a cell phone, causing injury near her eye.
- The incident occurred after Coleman became angry over messages found on his wife's phone and struck her while she was sitting on the toilet, then punched a hole in the bathroom door.
- Coleman’s wife fled to a store after the assault, called her mother, and eventually called 911; police observed her injuries and blood on her shirt.
- At trial, Coleman testified the injury was accidental, claiming the phone's jagged edge nicked his wife as she turned her head toward it.
- The jury was instructed on unlawful wounding (as a lesser-included offense of malicious wounding), but not on simple assault and battery as an additional lesser-included offense; they found Coleman guilty on both counts presented.
Issues:
| Issue | Coleman's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Jury instruction on assault & battery (A&B) | The jury should be instructed on A&B as a lesser-included offense of malicious wounding. | Instruction would be confusing/misleading due to separate A&B charge and risk of double jeopardy. | Court did not abuse discretion in refusing instruction. |
| Sufficiency of evidence for unlawful wounding | No proof of intent to permanently harm; injury was accidental. | Circumstances showed intent to maim/disfigure; striking was intentional and brutal. | Evidence sufficient for conviction. |
| Sufficiency of evidence for A&B family member | Injury accidental; testimony of wife incredible; physical evidence favors defense. | Testimony credible; appellant’s actions were rude, insolent, and angry; jury resolves credibility. | Evidence sufficient for conviction. |
Key Cases Cited
- Commonwealth v. Vaughn, 263 Va. 31 (Va. 2002) (lesser-included offense jury instructions not always required)
- Commonwealth v. Richard, 300 Va. 382 (Va. 2021) (abuse of discretion standard for jury instructions)
- Commonwealth v. Garrick, 303 Va. 176 (Va. 2024) (appellate review standard for sufficiency of the evidence)
- Johnson v. Commonwealth, 53 Va. App. 79 (Va. Ct. App. 2008) (intent to permanently harm in unlawful wounding)
- Commonwealth v. Moseley, 293 Va. 455 (Va. 2017) (circumstantial evidence admissibility)
- Adams v. Commonwealth, 33 Va. App. 463 (Va. Ct. App. 2000) (battery can be slightest rude/injurious touching)