Kelvin Lynn Whitehead v. Commonwealth of Virginia

BENTON, Judge.

A jury convicted Kelvin Lynn Whitehead of aggravated malicious wounding. On appeal, he contends the trial judge erred by (1) allowing the prosecutor to cross-examine a defense witness on issues which were beyond the scope of direct examination and (2) admitting testimony from a Commonwealth’s witness concerning out-of-court statements made by the same defense witness. For the reasons that follow, we affirm Whitehead’s conviction.

I

A grand jury indicted Whitehead for aggravated malicious wounding of Ronnie Russell Cobbs occurring on September 7, 1997. At trial in the…