James Albert Harris, III v. Commonwealth of Virginia
63 Va. App. 525
| Va. Ct. App. | 2014Background
- Appellant Harris was convicted of felony driving as a habitual offender under Code § 46.2-357(B) based on April 24, 2012 conduct.
- Bench trial occurred November 26, 2012; defense did not challenge credibility/weight of Commonwealth evidence or present defenses.
- Defense asked the court to take the case under advisement to defer judgment, citing Starrs v. Commonwealth and potential DMV license reinstatement.
- Trial court denied the advisement request as premature and later denied it again on the merits, proceeding to judgment and conviction.
- Appellant was previously convicted of driving while intoxicated and had other habitual-offender convictions (2001, 2007).
- Appeal argues the trial court abused discretion by not deferring disposition; Commonwealth contends no authority to defer; court affirms conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not taking the case under advisement | Harris | Harris | No error; court had no authority to acquit or defer under clemency; denial affirmed |
| Whether Hernandez and Starrs authorize pre-conviction deferral of disposition | Harris relies on inherent authority to defer | Harris lacks authority to defer; no statutory basis | Authorities limit, but do not authorize indefinite deferment; no clemency power |
| Whether the court's denial amounted to judicial clemency improper under separation of powers | Harris sought clemency via deferred disposition | No legitimate purpose to defer; would be improper clemency | Trial court did not abuse discretion; cannot grant clemency via deferment |
Key Cases Cited
- Hernandez v. Commonwealth, 281 Va. 222 (Va. 2011) (inherent authority to defer disposition after sufficient evidence of guilt)
- Starrs v. Commonwealth, 287 Va. 1 (Va. 2014) (deferral after guilty plea before conviction; limits on ultimate disposition)
- Moreau v. Fuller, 276 Va. 127 (Va. 2008) (separation of powers; judiciary cannot exercise executive clemency)
- Taylor v. Commonwealth, 58 Va. App. 435 (Va. Ct. App. 2011) (no general power of judicial clemency after trial)
- Sorrells v. United States, 287 U.S. 435 (U.S. 1932) (judicial nullification has no place in justice system)
- Ex parte United States, 242 U.S. 27 (U.S. 1916) (separation of powers; judiciary cannot substitute its will for statutory duties)
- U.S. Wright, 364 U.S. 642 (U.S. 1961) (discretionary power bounds; discretion not unlimited)
- Lawlor v. Commonwealth, 285 Va. 187 (Va. 2013) (judicial discretion and statutory authority constraints)