Darius Oneil Dalton v. Commonwealth of Virginia
64 Va. App. 512
| Va. Ct. App. | 2015Background
- Radford City police conducted a controlled cocaine purchase via informant Warren targeting a man identified as Streetz, later linked to Dalton.
- Warren testified he met Streetz face-to-face ~100 times and communicated by calls/texts; Warren identified Dalton as Streetz at trial.
- Warren completed a buy of one gram of cocaine for $55; officers recorded the transaction and searched Warren before/after.
- Appellant admitted living with Coverdale in Streetz’s apartment and taking ECON 106 at Radford; he denied selling cocaine or being Streetz.
- Two screenshots of text messages to Warren, allegedly from Streetz, were admitted over hearsay objections; Warren could not produce the messages.
- The jury convicted Dalton of distribution of cocaine; he challenged admission of screenshots and the sufficiency of Warren’s testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of text messages as evidence | Dalton argues messages are hearsay with no foundation. | Commonwealth contends harmless error despite potential authentication gaps. | Harmless error; conviction upheld. |
| Best evidence rule application to text messages | Dalton asserts contents should require original messages under the best evidence rule. | Commonwealth demonstrates text is a writing; originals unavailable; exceptions apply. | Text messages fall within writing; rule satisfied by unavailable originals. |
| Sufficiency of the evidence to prove distribution | Warren’s testimony and corroboration were sufficient to prove sale beyond reasonable doubt. | Warren’s credibility issues undermine sufficiency. | Evidence sufficient; rational jurors could convict. |
Key Cases Cited
- Lavinder v. Commonwealth, 12 Va. App. 1003 (Va. Ct. App. 1991) (harmless error doctrine in criminal trials)
- Clay v. Commonwealth, 262 Va. 253 (Va. 2001) (harmless error standard under Code § 8.01-678)
- Kotteakos v. United States, 328 U.S. 750 (U.S. (1946)) (standard for assessing substantial influence of error)
- Dearing v. Commonwealth, 260 Va. 671 (Va. 2000) (harmless error/admissibility considerations)
- Schwartz v. Schwartz, 46 Va. App. 145 (Va. Ct. App. 2005) (cumulative evidence and harmless error analysis)