Terry Lang Dillsworth v. Commonwealth of Virginia
62 Va. App. 93
| Va. Ct. App. | 2013Background
- Virginia Court of Appeals affirms conviction of Terry Lang Dillsworth for possession of a firearm after a violent felony.
- Commonwealth relied on a Maryland assault with intent to maim conviction to prove a predicate violent felony under Code § 18.2-308.2.
- Appellant argued the Maryland conviction was not substantially similar to Virginia’s § 18.2-51 assault with intent to maim.
- Trial court found Maryland offense substantially similar to Virginia’s § 18.2-51; verdict upheld on appeal.
- Dispute also whether the trial court erred by admitting Dillsworth’s entire Maryland criminal history rather than only records establishing a prior violent felony.
- Court held the Maryland conviction was substantially similar and the admission of the broader Maryland file was not reversible error; conviction affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantial similarity of Maryland offense to Virginia § 18.2-51 | Dillsworth argues Maryland offense is not substantially similar. | Commonwealth contends the Maryland act criminalizes the same behavior as § 18.2-51. | Maryland conviction substantially similar to § 18.2-51; valid predicate |
| Admissibility of entire Maryland criminal history | Admission of full Maryland file was prejudicial and irrelevant. | Judge can disregard prejudicial material; records properly admitted. | Admission not reversible error; harmless given predicate established |
Key Cases Cited
- Archer v. Commonwealth, 26 Va. App. 1 (1997) (standard for evidentiary and sufficiency review)
- Johnson v. Commonwealth, 53 Va. App. 608 (2009) ( Substantial similarity review de novo)
- Dean v. Commonwealth, 61 Va. App. 209 (2012) (substantial similarity balancing elements over conduct)
- West v. Commonwealth, 14 Va. App. 350 (1992) (principle on comparing foreign and Virginia offenses)
- Cox v. Commonwealth, 13 Va. App. 328 (1991) (need to examine text of foreign statute for similarity)
- Honaker v. Commonwealth, 19 Va. App. 682 (1995) (scope of comparing foreign and Virginia penalties)
- Juniper v. Commonwealth, 271 Va. 362 (2006) (admissibility and appellate review of evidence)
- Eckhart v. Commonwealth, 222 Va. 213 (1981) (judicial discretion to disregard prejudicial material)
- Cole v. Commonwealth, 16 Va. App. 113 (1993) (presumption of trial judge’s ability to ignore prejudicial evidence)
- Burnette v. Commonwealth, 60 Va. App. 462 (2012) (harmless error standard for appellate review)
- Clay v. Commonwealth, 262 Va. 253 (2001) (standard for harmless error and evidentiary review)