Congdon v. Commonwealth
705 S.E.2d 526
Va. Ct. App.2011Background
- Congdon, a juvenile, was charged with felony vandalism under Code § 18.2-137 in Aug. 2008.
- He entered a plea agreement that dismissed the felony vandalism charge if he completed a drug court program, and it included a clause waiving his right to appeal to the circuit court.
- The juvenile court accepted the agreement, deferred disposition, and ordered Congdon into the drug court program.
- Over a year later, Congdon was terminated from the drug court for violating its rules; the court revoked his deferred disposition and entered a delinquency finding on the vandalism charge.
- Congdon appealed to the circuit court seeking de novo review, which dismissed based on a finding of a knowing and intelligent waiver of the right to appeal.
- Congdon argued that the statutory right to appeal under Code § 16.1-296(A) cannot be waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Code § 16.1-296(A) right to de novo appeal can be knowingly and expressly waived. | Congdon argues the right cannot be waived. | Commonwealth contends waivers of appeal rights are permissible when knowingly made. | Yes; the right can be expressly waived if knowingly and intelligently agreed. |
Key Cases Cited
- Diaz v. Commonwealth, 266 Va. 260 (2003) (de novo appeal context and voiding effect of an appeal)
- Cox v. Cox, 16 Va.App. 146 (1993) (consent/voiding effects related to district court orders on appeal)
- Gravely v. Deeds, 185 Va. 662 (1946) (implied waivers of appeal not always sufficient; distinguishes inadvertent acts)
- Davidson v. Commonwealth, 244 Va. 129 (1992) (industry of knowing voluntary intelligent waiver of appeal rights)
- Hudson v. Commonwealth, 267 Va. 29 (2004) (limits on appellate review consistent with waiver principles)
- Emmett v. Commonwealth, 264 Va. 364 (2002) (waiver concepts in Virginia criminal appeals)
- Patterson v. Commonwealth, 262 Va. 301 (2001) (waiver of appeal rights in Virginia)
- Payne v. Commonwealth, 257 Va. 216 (1999) (principles of appeal waivers in Virginia)
- United States v. Khattak, 273 F.3d 557 (3d Cir. 2001) (recognizes enforceability of appellate waivers in plea agreements)
- United States v. Poindexter, 492 F.3d 263 (4th Cir. 2007) (valid and enforceable appellate waivers if knowing and intelligent)
- United States v. Blick, 408 F.3d 162 (4th Cir. 2005) (enforceability of waivers within plea agreements)
- United States v. Manigan, 592 F.3d 621 (4th Cir. 2010) (appellate waivers valid if knowingly and intelligently agreed)
- Harris v. Commonwealth, 279 Va. 541 (2010) (addresses related waiver and appellate issues (ratio decidendi noted))