Legal Opinion · Concurring in part, dissenting in part

Brown v. Commonwealth

Court of Appeals of Virginia

Decided November 6, 1996No. Record 0753-95-2Published

1Concurring in part, dissenting in partColeman, Judge

I disagree with the majority’s holding that the trial court erred by excluding Officer Matthew Berryman’s proffered testimony. In my view, Officer Berryman’s testimony is *236hearsay and does not come within any recognized hearsay exception. Furthermore, although I concur in the majority’s holding that the trial court erred by refusing to admit Charles Gentry’s testimony that he purportedly overheard a conversation between the victim and defendant before the alleged offense in which the topic of conversation was exchanging cocaine for sex, I believe the error was harmless. Therefore, I would…

2Cases cited13 opinions

  1. Dutton v. EvansSupreme Court of the United States · 1970
  2. Krulewitch v. United StatesSupreme Court of the United States · 1949
  3. Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
  4. Lutwak v. United StatesSupreme Court of the United States · 1953
  5. Lavinder v. CommonwealthCourt of Appeals of Virginia · 1991

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