Derrick Dominique Robinson v. Commonwealth of Virginia
0066242
Va. Ct. App.May 20, 2025Background
- Derrick Dominique Robinson was convicted in Virginia state court for multiple drug distribution and firearm offenses after a jury trial.
- The police used a confidential informant (Sample) to make four controlled drug buys from Robinson, with each transaction closely monitored and recorded by police.
- Following the fourth controlled buy, a search of Robinson’s residence and vehicle yielded cocaine, marijuana, cash (including marked bills from a controlled buy), drug packaging equipment, and three handguns.
- At trial, Robinson denied distributing drugs to Sample and claimed alternative explanations for the presence of contraband and firearms.
- After trial, Robinson discovered the informant had a prior misdemeanor conviction for possessing forged bank notes and moved for a new trial on that basis, arguing it was crucial impeachment evidence.
- The trial court denied the motion for new trial and affirmed the convictions, finding the evidence against Robinson overwhelming and the impeachment material minimal.
Issues
| Issue | Robinson's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence—drug distribution convictions | No direct video of hand-to-hand drug transactions; possible informant deceit | Circumstantial evidence and police surveillance made distribution only plausible explanation | Sufficient evidence supported convictions |
| Sufficiency of evidence—constructive possession (residence/vehicle) | Simply living at the residence or owning the car doesn't prove knowing possession | Combined circumstantial evidence established dominion, control, and knowledge | Argument for these charges not properly raised/preserved on appeal |
| New trial based on after-discovered impeachment evidence | Impeachment of key informant would have affected credibility and outcome | Prior conviction for informant would have little impact given corroborating police evidence | No abuse of discretion in denying new trial |
| Preservation of sufficiency arguments (Rule 5A:18) | General motions to strike preserved sufficiency arguments | Lack of specificity failed to preserve issues about possession in residence/vehicle | Defendant failed to preserve sufficiency issues for appeal |
Key Cases Cited
- Stamper v. Commonwealth, 220 Va. 260 (circumstantial evidence may suffice to prove guilt)
- Pijor v. Commonwealth, 294 Va. 502 (circumstantial evidence must exclude every reasonable hypothesis except guilt)
- Burchette v. Commonwealth, 15 Va. App. 432 (occupancy plus circumstantial evidence may support constructive possession)
- Avent v. Commonwealth, 279 Va. 175 (standards for granting new trials based on after-discovered evidence)
- Orndorff v. Commonwealth, 271 Va. 486 (four-part test for after-discovered evidence motions)
- Mundy v. Commonwealth, 11 Va. App. 461 (impeachment evidence alone generally does not justify new trial)
