708 S.E.2d 435
Va. Ct. App.2011Background
- Isaac was convicted of aggravated involuntary manslaughter under Code § 18.2-36.1(A),(B) after a DUI-related collision.
- BAC tests showed 0.16% and 0.14%; the Commonwealth introduced the 0.16% certificate, and Isaac offered the 0.14% certificate in his case in chief.
- Trooper Daly obtained hospital warrants and custody was maintained around Isaac during hospitalization; Isaac was later transferred to jail eight days after hospitalization.
- Isaac moved to suppress the 0.16% BAC certificate, arguing lack of probable cause for the arrest; the trial court denied.
- Isaac argued a separate in limine ground that Bristol v. Commonwealth precluded arrest in the hospital; the court rejected that concern in a letter opinion.
- The jury was instructed to consider both BAC certificates and the 0.14% certificate was introduced as evidence in Isaac's case in chief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of objection to BAC evidence | Isaac contends the 0.16% BAC certificate should be excluded. | Commonwealth argues no waiver because prior objection remains unresolved. | Waived; Isaac introduced substantially similar evidence in his case in chief. |
| Scope of same-evidence waiver | Waiver should not apply to the 0.14% certificate offered by Isaac as rebuttal. | Waiver extends to evidence of the same subject; the 0.14% certificate is the same evidence. | Waiver applies; the 0.14% certificate is substantially similar and addressed the same subject. |
Key Cases Cited
- Pettus v. Gottfried, 269 Va. 69 (Va. 2005) (waiver when party introduces same evidence in chief)
- Drinkard-Nuckols v. Andrews, 269 Va. 93 (Va. 2005) (same-evidence waiver principle applies)
- Combs v. Norfolk & W. Ry., 256 Va. 490 (Va. 1998) (waiver depends on same-character evidence)
- Hubbard v. Commonwealth, 243 Va. 1 (Va. 1992) ( Miranda/objective waiver context)
- Saunders v. Commonwealth, 211 Va. 399 (Va. 1970) (evidentiary waiver principles)
- Bristol v. Commonwealth, 272 Va. 568 (Va. 2006) (arrest in hospital context and probable cause)
- Snead v. Commonwealth, 138 Va. 787 (Va. 1924) (limited rebuttal exception to waiver)
- Snarr v. Commonwealth, 131 Va. 814 (Va. 1919) (waiver when fully related prior to objection)
- Hutchinson v. Commonwealth, 133 Va. 710 (Va. 1922) (waiver through subsequent testimony)
- Moore Lumber Corp. v. Walker, 110 Va. 775 (Va. 1910) (testimony effect on waiver)
- Bynum v. Commonwealth, 28 Va.App. 451 (Va. App. 1998) (waiver when same evidence is introduced)
- Taliaferro v. New York Life Ins. Co., 95 Va. 522 (Va. 1898) (harmless-error consideration in waiver)