Payne v. Commonwealth

OPINION BY JUSTICE WILLIAM C. MIMS

In this appeal, we consider whether an email sent by the detective investigating a robbery was properly excluded at trial. We also consider whether a proffered jury instruction loosely modeled on one discussed in United States v. Telfaire , 469 F.2d 552 (D.C. Cir. 1972), and endorsed by the United States Court of Appeals for the Fourth Circuit in United States v. Holley , 502 F.2d 273 (4th Cir. 1974), was properly refused.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

In November 2011, Phillip Via responded to an internet advertisement offering a used laptop…