Prince Adjei v. Commonwealth of Virginia
63 Va. App. 727
| Va. Ct. App. | 2014Background
- Prince Adjei, a Ghanaian national, applied for a Virginia concealed handgun permit in 2007 and answered “no” to whether he was “an alien not lawfully admitted for permanent residence.”
- Federal immigration records from USCIS (A-file) showed his visa expired in 2003, multiple denials of applications for permanent residence (2005, 2007, 2012), and findings relating to marriage fraud; ICE Special Agent Ferrick obtained certified copies and testified about the file.
- Virginia agents questioned Adjei at his home; he admitted possessing a “nine millimeter” firearm, produced it to Agent Freddie Childs, and later said he was not a lawful permanent resident (though asserted confusion about the permit question).
- The trial court admitted the USCIS documents over hearsay and Confrontation Clause objections, convicted Adjei of perjury (Va. Code § 18.2-434) and possession of a firearm by an illegal alien (Va. Code § 18.2-308.2:01(B)), and sentenced him to 12 months on each charge.
- On appeal, Adjei challenged (1) admissibility of the USCIS records (authentication, business-records/official-records exception, and Crawford Confrontation Clause issues), (2) sufficiency of evidence that he knew his illegal status when he signed the 2007 permit application, and (3) sufficiency of evidence that the item was a firearm given the weapon was not introduced into evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of USCIS records under official/public-records exception | Commonwealth: certified USCIS copies are official records properly authenticated by agency certification and letters; admissible to prove denials and notice of illegal status | Adjei: certification signature insufficient to show custodian or person to whom custodian reported; documents prepared anticipating litigation; contain inadmissible opinions | Court: certification and accompanying USCIS letters, agency regulations, and context supported finding that signee was a proper custodian/authorized person; documents admissible under official written documents exception |
| Confrontation Clause (testimonial nature of certain USCIS documents) | Commonwealth: records prepared for administrative immigration adjudication, not primary purpose of prosecution, so non-testimonial | Adjei: some forms (investigation request, fraud referral, notice of decision) were testimonial and required cross-examination | Court: objective circumstances show documents were created for administrative routine/agency functions, not for prosecution; non-testimonial; admission did not violate Crawford/Melendez-Diaz line |
| Sufficiency for perjury conviction (knowledge of illegal status) | Commonwealth: timeline of visa expiration and prior USCIS denials provided notice; 2007 application and prior denial support knowledge when he signed 2007 permit application | Adjei: lacked actual notice in 2007; Commonwealth failed to corroborate perjury allegation | Court: viewing evidence favorably to Commonwealth, record supported trial court’s finding that Adjei knew he was not lawfully admitted when he signed application; perjury conviction affirmed (corroboration claim forfeited by not raised at trial) |
| Sufficiency for firearm-possession conviction (weapon characterization without producing gun) | Commonwealth: agent saw and held the gun, Adjei admitted ownership and type; operability not required under statute | Adjei: gun not produced; no proof operable or that item could expel a projectile; conviction rests on uncorroborated statement | Court: Virginia’s construction of "firearm" in § 18.2-308.2 does not require operability; agent’s testimony that he held the weapon and Adjei’s admission furnished sufficient corroboration; conviction affirmed |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause framework for testimonial statements)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) (business/public records typically non-testimonial when created for administrative purposes)
- Armstrong v. Commonwealth, 263 Va. 573 (2002) (definition of "firearm" under § 18.2-308.2 does not require operability)
- Williams v. Commonwealth, 213 Va. 45 (1972) (official written documents exception to hearsay for public records)
- Jordan v. Commonwealth, 286 Va. 153 (2013) (sufficiency principles and characterization of weapon evidence)