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Whaley v. Commonwealth

200 S.E.2d 556 (1973)

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Whaley v. Commonwealth

Virginia Supreme Court
200 S.E.2d 556 (1973)

  • Written by Arlyn Katen, JD

Facts

A jury convicted Nathaniel Whaley (defendant) of rape and burglary. Whaley left an identification card at the crime scene, so after taking the rape victim to the hospital, police went to Whaley’s home and found him in bed. The victim’s medical examination revealed that she had blood in her vaginal area. Police noticed red stains on Whaley’s undershorts when he got dressed at his home and again when he disrobed at police headquarters. Whaley claimed that the blood was from his girlfriend, not the victim. A police officer placed Whaley’s undershorts with the custodian charged with safeguarding property. At trial, that police officer identified the undershorts as Whaley’s undershorts and testified that they appeared to be substantially in the same condition that they were in when he gave them to the custodian. The undershorts were admitted into evidence. No chemical or other forensic analysis of Whaley’s undershorts was admitted into evidence. Whaley appealed from his conviction, raising several arguments. In relevant part, Whaley claimed that the trial court had erred by admitting the undershorts into evidence without a proper foundation, because police had failed to establish a chain of custody or a connection between the undershorts and the rape.

Rule of Law

Issue

Holding and Reasoning (I’Anson, J.)

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