Virginia Fairfax Sexual Assault Lawyer Rape Battery Abduction Custodial Interrogation

Henry v. Commonwealth

Facts:

After the trial court denied defendant’s motion to suppress statements he made to police, he was convicted of rape, abduction, and sexual assault and battery. He appealed; the Court of Appeals of Virginia affirmed defendant’s convictions and the denial of his motion to suppress. Defendant sought further review

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Virginia Fairfax Sexual Assault Lawyer Rape Battery Abduction Custodial Interrogation

Holdings:

The Virginia Court made the following holding:

• Where an accused unsuccessfully objects to evidence which he considers improper and then on his own behalf introduces evidence of the same character, he thereby waives his objection, and an appellate court cannot reverse for the alleged error. However, there are some limitations on the operation of the waiver rule. For instance, when the objecting party elicits evidence of the same character either during cross-examination of a witness or in rebuttal testimony, a duly made objection is not waived. The Virginia Supreme Court has never held that the mere cross-examination of a witness or the introduction of rebuttal evidence, either or both, will constitute a waiver of an exception to testimony which has been duly taken. To constitute such a waiver the party objecting to the evidence must have gone further and introduced on his own behalf testimony similar to that which the objection applies.
• The right to have counsel present during a custodial interrogation is an axiom of American law expressed in Miranda v. Arizona and its progeny. If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case.

A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

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Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.