Cody v. Virginia
Virginia Court of Appeals
812 S.E.2d 466 (2018)
Facts
Rebekka Weingarten told law enforcement that Kevin Cody (defendant) had physically abused her. Cody was arrested, and a court entered a protective order prohibiting Cody from contacting Weingarten. While Cody was in jail pending trial, he called Weingarten five times in violation of the protective order. These calls were recorded, and it was learned that Cody persuaded Weingarten to refuse to cooperate with the prosecution against Cody. At a preliminary hearing, Weingarten invoked her Fifth Amendment right against self-incrimination and refused to testify against Cody. The prosecution (plaintiff) filed a motion to introduce Weingarten’s out-of-court statements to law enforcement. The circuit court granted the motion, ruling that Cody waived his Confrontation Clause rights due to his having procured Weingarten’s unavailability to testify. Cody was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Humphreys, J.)
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