Victoria Elizabeth Dufresne v. Commonwealth of Virginia
66 Va. App. 644
| Va. Ct. App. | 2016Background
- Dufresne was indicted for robbery and, after a bench trial, sought a conviction for grand larceny at the trial court.
- The trial court convicted Dufresne of grand larceny and sentenced five years with three suspended.
- On appeal, the panel initially reversed, but the court granted rehearing en banc to reconsider invited error.
- Dufresne directed the court to find her guilty of grand larceny during closing argument and renewed a motion to strike the evidence at post-trial.
- The trial court later denied the post-trial motion to set aside the verdict; on appeal, the court applied the invited error doctrine to uphold the grand larceny conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Dufresne invite the error she now challenges? | Dufresne invited error by requesting grand larceny.</n> | Invited error bars relief under Sullivan-type precedent. | Yes; invited-error doctrine applies and affirms conviction. |
| Does invited error require prejudice to the Commonwealth to bar relief? | Prejudice not required; doctrine applies when invited error occurred. | Prejudice needed to justify denial of relief. | No strict prejudice requirement; the doctrine can bar relief where invited error occurred and affected proceedings. |
| Was the trial court's denial of post-trial relief an abuse of discretion? | Trial court erred in convicting of an uncharged offense and could have corrected it. | Trial court acted within its discretion, respecting invited error and procedural controls. | No abuse; court affirmed the grand larceny conviction. |
Key Cases Cited
- Rowe v. Commonwealth, 277 Va. 495 (2009) (invited error doctrine applies to inconsistent positions)
- Sullivan v. Commonwealth, 157 Va. 867 (1931) (cannot approbate and reprobate; invited error doctrine governs)
- Commonwealth v. Dalton, 259 Va. 249 (2000) (charges must align with indictment; uncharged offenses require lesser-included status)
- Lofton Ridge, LLC v. Norfolk S. Ry., 268 Va. 377 (2004) (estoppel doctrine; not strong prejudice requirement in invited error context)
- Fisher v. Commonwealth, 236 Va. 403 (1988) (invited error and related prudential rules cited)