766 S.E.2d 906
Va.2015Background
- Shifflett was convicted in Rockingham County Circuit Court of aggravated sexual battery; fined $15,000 and five years’ imprisonment.
- The alleged victim was Shifflett’s niece; she testified; Shifflett denied the accusation.
- Shifflett had two prior felonies, including subornation of perjury; one was eluding police.
- The circuit court allowed impeachment by asking whether a felony involved lying, cheating or stealing, but not by naming the offense.
- On cross-examination, Shifflett admitted two felonies; the court permitted inquiry that one felony involved lying, cheating or stealing.
- Virginia Supreme Court affirmed the Court of Appeals’ ruling that any error was harmless; appellant was assessed two hundred fifty dollars in damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the Commonwealth name a prior felony on cross-exam? | Shifflett contends naming the offense violates proper impeachment rules. | Commonwealth argues naming subornation of perjury is permissible by Code § 19.2-269. | Harmless error; did not prejudice trial. |
| Is it proper to describe a felony as lying, cheating or stealing for impeachment? | Describe felonies by name; avoid prejudicial framing. | Framing is allowed to show credibility; context matters. | Erroneous framing deemed harmless given credibility focus. |
| Was the impeachment error harmless under the record? | Error could have influenced jury against defendant. | Because credibility was properly impeached, impact was minimal. | Harmless error under non-constitutional standard. |
Key Cases Cited
- Harmon v. Commonwealth, 212 Va. 442 (Va. 1971) (impeachment allowed for felonies; naming details excluded to avoid prejudice)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (context reduces prejudice when offense name is highly prejudicial)
- Payne v. Carroll, 250 Va. 336 (Va. 1995) (prior felony involving fraud may be prejudicial in civil cases)
- McAmis v. Commonwealth, 225 Va. 419 (Va. 1983) (perjury naming allowed under 609(a)(iii) for impeachment)
- Lincoln v. Commonwealth, 217 Va. 370 (Va. 1976) (impeachment by conviction for crimes involving moral turpitude)
- Sadoski v. Commonwealth, 219 Va. 1069 (Va. 1979) (statutory framework for impeachment of credibility)