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Criminal Records: Cases Summarized By Personal Injury Lawyer

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Criminal Records and the related topic of personal injury.For more information on the issue of criminal records see the pages on Wikipedia.    

Criminal Records-Cases

2008 Ayala v. Aggressive Towing and Transport, 276 Va. 169, 661 S.E.2d 480.

Criminal records. In this auto accident case defendant sought admission of plea of guilty of non-party. Such could only be admissible as a declaration against the penal interest of that non-party but defendant must show unavailability. In this case, defendant failed to use reasonable diligence to obtain live testimony of that non-party and as such the conviction is not admissible.

2006 Baker v. Elmendorf, 271 Va. 474, 628 S.E.2d 358.

In this malicious prosecution action, trial court improperly admitted evidence of the criminal records of conviction in the General District Court when that conviction was appealed to the Circuit Court. The appeal to the Circuit Court negates any judgment entered by the General District Court.

1995 Godbolt v. Brawley, 250 Va. 467, 463 S.E.2d 657.

Plaintiff was ejected from nightclub and thereafter became involved in brawl with off-duty sheriff working as security guard. Deputy sheriff discharged firearm striking plaintiff. Plaintiff brought this personal injury action. Plaintiff had been convicted of assault on deputy. Issue is whether the criminal records of conviction was admissible in this civil proceeding. Where plaintiff is willing participant in intentional criminal act that causes injury, then claim may be barred. In this instance, plaintiff’s intentional criminal act was not direct cause of his injury and therefore prior conviction should not have been admissible.

1995 Payne v. Carroll, 250 Va. 336, 461 S.E.2d 837.

Fact of prior conviction of felony may be shown against party-witness in civil case but name of felony, other than perjury, and details may not be shown.

1959 Smith v. New Dixie Lines, 201 Va. 466, 111 S.E.2d 434.

Plaintiff was passenger in vehicle involved in crash. Driver was convicted of reckless driving as result of accident. Criminal records of this conviction is not admissible against plaintiff.

1958 Aetna v. Czoka, 200 Va. 385, 105 S.E.2d 869.

Judgment in criminal case does not establish, in subsequent civil action, truth of facts on which it is rendered or constitute bar to subsequent civil action. This rule is subject to some exceptions.

1956 Pike v. Eubank, 197 Va. 692, 90 S.E.2d 821.

Error committed in allowing testimony that plaintiff had been arrested for drunkenness and convicted of having illegal whiskey some years before. Such evidence was inadmissible either to show turbulence of character or to impair plaintiff’s credibility.

1955 Chesapeake & O. Ry. v. Hanes, 196 Va. 806, 86 S.E.2d 122.

Conviction for making false statement and knowing it to be false in support of claim of unemployment benefits is conviction for crime of moral turpitude and is admissible.

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Criminal Records: Cases Summarized By Personal Injury Lawyer

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