Pijor v. Commonwealth
294 Va. 502
| Va. | 2017Background
- On Sept. 6, 2013, a dog (Ben) belonging to Kristy Gooch disappeared; Pijor was later tried for larceny and unlawful entry and was acquitted on Feb. 4, 2014.
- At the larceny trial Pijor testified he entered the Goochs’ home using a hidden key, that Ben followed him but he told the dog to stay in the yard, and that he had not seen Ben or received information about Ben’s whereabouts since Sept. 6, 2013.
- Five days after the acquittal (Feb. 9, 2014) Kristy observed a man in a hooded sweatshirt walking a dog resembling Ben carrying an orange Frisbee; she saw the same man and dog again on March 1 and March 8, 2014, and identified Pijor on March 8.
- Pijor was arrested on April 29, 2014 with Ben in his car; he told police he had “found” Ben but would not say when, and his car contained dog-related items.
- The Commonwealth indicted Pijor for perjury based on his trial testimony denying knowledge or sightings of Ben after Sept. 6; the circuit court convicted him, the Court of Appeals affirmed, and the Supreme Court of Virginia affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel barred perjury prosecution | Commonwealth: collateral estoppel does not apply because the acquittal did not necessarily decide whether Pijor had knowledge of Ben after Sept. 6 | Pijor: acquittal on larceny precludes relitigation of same factual issue (possession/knowledge of Ben) in perjury case | Not barred — acquittal did not necessarily resolve the precise factual issue (knowledge/sightings after Sept. 6) |
| Whether evidence was sufficient to convict of perjury | Commonwealth: circumstantial evidence (sightings, identification, possession, Pijor’s statements) supports finding Pijor willfully lied under oath | Pijor: circumstantial evidence insufficient; sightings and identification are unreliable and do not prove he lied on Feb. 4 | Sufficient — viewing evidence in light most favorable to Commonwealth, a rational factfinder could conclude Pijor willfully lied about seeing or having information about Ben |
Key Cases Cited
- Ashe v. Swenson, 397 U.S. 436 (U.S. 1970) (collateral estoppel / issue preclusion in criminal cases)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence review)
- Simon v. Commonwealth, 220 Va. 412 (Va. 1979) (Fifth Amendment double jeopardy and collateral estoppel principles)
- Whitley v. Commonwealth, 260 Va. 482 (Va. 2000) (requirements for applying collateral estoppel)
- Rhodes v. Commonwealth, 223 Va. 743 (Va. 1982) (defendant bears burden to show precise factual issue was determined by prior acquittal)
- Tarpley v. Commonwealth, 261 Va. 251 (Va. 2001) (definition/elements of larceny)
- Mendez v. Commonwealth, 220 Va. 97 (Va. 1979) (elements of perjury)
- Bowman v. Commonwealth, 290 Va. 492 (Va. 2015) (appellate deference to factfinding in sufficiency review)