McInnis v. Commonwealth (U)

The defendant’s Facebook posts, in which he referenced selling drugs illegally, were admissible during his sentencing for use of a firearm in the commission of a murder, use of a firearm in the commission of a robbery, robbery, and conspiracy to commit a robbery.

The Facebook posts allowed the jury to infer that the victim was killed and robbed merely for pecuniary gain. Additionally, evidence that McInnis was selling drugs stolen from the victim was relevant and probative of him being a danger to society. The posts would not inflame the passions of the jurors,  particularly when compared with the brutality of the offense.


McInnis v. Commonwealth (U), No. 1934-17-1, Dec. 4, 2018. CAV (Petty) from Va. Beach (Shockley).

Categories: Court of Appeals of Virginia, Opinions, Unpublished

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