Lavinder v. Commonwealth
Virginia Court of Appeals
407 S.E.2d 910 (1991)
- Written by Jennifer Flinn, JD
Facts
Lavinder (defendant) was accused of robbing a store employee who was attempting to make a night deposit at a bank. At trial, the victim identified Lavinder as the perpetrator. Witnesses placed Lavinder near the scene of the crime, though there were discrepancies in their testimony regarding the physical traits of the perpetrator. Other witnesses placed Lavinder at home at the time of the crime. During Lavinder’s testimony, upon cross-examination by the prosecution, Lavinder admitted he had been found not innocent of two felonies while he was a juvenile. This was not a constitutional violation but was a violation of a Virginia law that protected the anonymity of juvenile offenders. The trial court did not give a curative instruction to the jury. Rather, the trial court instructed the jury that could consider the evidence in determining Lavinder’s credibility. Lavinder was convicted of the crime and appealed.
Rule of Law
Issue
Holding and Reasoning (Barrow, J.)
Concurrence (Keenan, J.)
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