Eastlack v. Com.
282 Va. 120
| Va. | 2011Background
- Eastlack was arrested in 2005 for malicious wounding, a Class 3 felony, charged under Code § 18.2-51.
- Stipulations and evaluations led the court to find Eastlack not guilty by reason of insanity at the time of the offense.
- The circuit court ordered custody with the Commissioner and later a 2006 conditional release.
- In 2009 Eastlack petitioned for expungement of police and court records under Code § 19.2-392.2.
- The circuit court denied expungement in a January 2010 order; Eastlack appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'acquitted' includes acquittals by insanity | Eastlack argues insanity acquittal fits 'acquitted' under §19.2-392.2(A)(1). | Commonwealth contends 'acquitted' does not include insanity acquittals; records access limited by general statute. | Acquitted does not include insanity acquittals; affirm circuit court. |
Key Cases Cited
- Johnson v. Insurance Co. of North America, 232 Va. 340 (1986) (insanity-based excuse not a retroactive expungement)
- Brown v. Commonwealth, 278 Va. 92 (2009) (threshold determination for expungement under §19.2-392.2)
- Hood v. Commonwealth, 280 Va. 526 (2010) (statutes concerning same subject construed together)
- Waller v. Commonwealth, 278 Va. 731 (2009) (read statutes harmoniously to avoid conflict)
- Conger v. Barrett, 280 Va. 627 (2010) (specific over general statutes governs)
- Commonwealth v. Doe, 278 Va. 223 (2009) (avoid absurd results in statutory construction)
- Hughes v. Cole, 251 Va. 3 (1996) (repeal by implication not favored)