Midgette v. Commonwealth (P)

Collateral estoppel didn’t bar the appellant’s perjury prosecution, and the trial court didn’t err in allowing a witness to testify as to the ultimate issue in the trial. The trial judge’s statement that he “had to go by the video,” in context, is not a finding as to the video’s accuracy and authenticity. Further, the appellant’s false testimony, not the video’s accuracy, was the ultimate issue in the perjury trial. By contrast, testimony about the video’s accuracy was an evidentiary fact useful to the court in deciding the ultimate fact in issue — whether the appellant testified untruthfully when he stated the video was an accurate depiction of the traffic stop.


Midgette v. Commonwealth (P), No. 1692-17-1, Oct. 30, 2018. CAV (Malveaux) from Va. Beach (Patrick).

Categories: Court of Appeals of Virginia, Opinions, Published

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