Henderson v. Commonwealth
285 Va. 318
| Va. | 2013Background
- Henderson was convicted in 2001 of robbery and use of a firearm and sentenced to 25 years with most suspended.
- He was released on probation in September 2009 and quickly faced a new Arlington County arrest for a robbery.
- A probation revocation hearing was held on February 26, 2010; the Commonwealth presented Detective Rosa Ortiz as its sole witness.
- Ortiz testified about an October 2, 2009 attempted robbery and about a later home invasion on October 8, 2009 involving a suspect identified as Henderson.
- Witnesses reportedly refused to testify due to intimidation by Henderson and associates; monitored jail calls allegedly showed threats and attempts to pressure witnesses.
- The circuit court revoked Henderson’s probation, ordering the remaining balance of his original sentence to be served; the Court of Appeals affirmed, then the case was reviewed by the Virginia Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation rights in probation revocation | Henderson argues due process requires confrontation; hearsay violated his rights. | Commonwealth contends good cause supports admission; confrontation may be limited in revocation. | Court allowed hearsay under good-cause rationale; affirmed admission. |
| Whether good cause was shown under reliability/balancing tests | Henderson contends intimidation and lack of specific grounds undermined good cause. | Commonwealth contends the evidence meets either reliability or balancing test. | Evidence satisfied reliability and balancing tests; due process not violated. |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (due process in probation revocation; limited confrontation)
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (due process framework for probation revocation)
- Crawford v. Jackson, 323 F.3d 123 (D.C. Cir. 2003) (reliability-based good-cause framework for hearsay)
- United States v. Williams, 443 F.3d 35 (2d Cir. 2006) (balancing test limits on confrontation in certain contexts)
- Rushing v. Commonwealth, 284 Va. 270 (Va. 2012) (intimidation considerations in probation revocation)