In this determination, the judgment of the district court must be ignored. The issue before the circuit court is not the disposition of the matter in the lower court, but the defendant's guilt or innocence. 16.1-136 provides that such appeal shall be heard de novo, as a new trial. 16.1-132 grants to any person convicted of an offense in the district court the right of appeal to the circuit court and Code Sec. In all other respects, ordinary trial procedures are undisturbed. This statutory scheme at once accords proper deference to the district court and ensures the preservation and availability of relevant evidence, the reliability of which is enhanced by the judge's certificate. 18.2-459 resolves this dilemma by requiring that the district court judge submit a "certificate of the conviction and the particular circumstances of the offense." The circuit court "may hear the case upon the certificate and any legal testimony adduced on either side." Code Sec. 19.2-271 prohibits the testimony, "in any criminal or civil proceeding," of a judge "as to any matter which came before him in the course of his official duties." Oftentimes, however, the district court judge is an indispensable witness to the contemptuous event and his or her testimony is essential to prosecution of the offense on an appeal.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |