0418144
Va. Ct. App.Jul 25, 2014Background
- Defendant Charles Massey was charged with two counts of rape and one count of abduction with intent to defile; the alleged victim P.E. testified at a preliminary hearing.
- At the preliminary hearing, the court permitted broad cross-examination by defense counsel; the Commonwealth’s objections were largely overruled and only one question was sustained.
- The victim later died before trial. The defendant moved in limine to exclude the preliminary-hearing testimony at trial, arguing both a Confrontation Clause violation and that Rule 2:804(b)(1) barred admission because his cross-examination then was incomplete.
- The trial court excluded the preliminary-hearing testimony, expressly citing Rule 2:804(b)(1) (state evidentiary rule) and denying that its ruling was based on the Sixth Amendment.
- The Commonwealth appealed the exclusion to the Court of Appeals of Virginia under Code § 19.2-398 (statutory limited right of appeal by the Commonwealth).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commonwealth may appeal the trial court’s exclusion of preliminary-hearing testimony under Code § 19.2-398 | Commonwealth: statutory right to appeal pretrial rulings excluding evidence obtained in violation of the Sixth Amendment; this ruling is reviewable | Massey: trial court excluded testimony under state evidentiary rule Rule 2:804(b), not Sixth Amendment grounds; appeal not authorized | The Court dismissed the appeal for lack of jurisdiction because § 19.2-398 does not authorize appeals from exclusions based solely on the Rules of Evidence |
Key Cases Cited
- Commonwealth v. Brown, 8 Va. App. 41 (1989) (statutory scope of Commonwealth’s pretrial appeal right is narrow)
- Commonwealth v. Hawkins, 10 Va. App. 41 (1990) (Commonwealth’s appeal rights strictly construed)
- Commonwealth v. Rodgers, 21 Va. App. 745 (1996) (refusal to expand Commonwealth appeals beyond statute)
- Commonwealth v. Ragland, 7 Va. App. 452 (1988) (same)
- Crews v. Commonwealth, 3 Va. App. 531 (1987) (statutory appeal rights construed narrowly)
- Sapp v. Commonwealth, 263 Va. 415 (2002) (distinguishing state evidentiary admissibility from Confrontation Clause analysis)
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause framework)