Walker v. Com.
704 S.E.2d 124
| Va. | 2011Background
- Walker was convicted in Hampton Circuit Court of grand larceny for taking a stolen 2004 Toyota Sienna.
- The Commonwealth proved value by introducing the NADA vehicle valuation book ('blue book') per Code § 8.01-419.1.
- Walker objected that using the blue book violated his Sixth Amendment confrontation rights because it was not cross-examinable.
- The circuit court admitted the blue book as evidence of value; Walker was convicted and sentenced.
- Court of Appeals affirmed, holding the blue book not testimonial and the admission did not violate Confrontation Clause.
- Virginia Supreme Court affirmed, applying de novo review and upholding the admissibility and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation rights and blue book | Walker: book is testimonial; cross-examination denied. | Walker: value shown by blue book is testimonial; violates confrontation. | Not testimonial; no confrontation violation. |
| Statutory foundation under § 8.01-419.1 | Walker: no proper hearsay/business-record foundation. | Walker: statute provides sole foundation; no hearsay issue. | Statute supplied required foundation; admissibility proper. |
| Valuation scope for grand larceny | Walker: must prove exact value, not just class values. | Walker: burden is to prove value exceeds $200; exact amount unnecessary. | Evidence showing all classes valued above $200 suffices. |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation Clause limits testimonial evidence without cross-examination)
- NADA Servs. Corp. v. Busi. Data of Va., Inc., 651 F. Supp. 44 (E.D. Va. 1986) (administrative valuation guides as basis for evidence of values)
- Commonwealth v. Garrett, 276 Va. 590 (Va. 2008) (de novo review; statutory valuation framework)