Lamm v. Commonwealth

RANDOLPH A. BEALES, Judge.

Travis Wayne Lamm (appellant) was convicted by a jury of aggravated malicious wounding, pursuant to Code § 18.2-51.2. He argues on appeal that the trial court erred by denying his motion for a new trial based on after-discovered evidence. 1 He claims that, after the trial, the victim’s “permanent and significant physical impairment” disappeared. 2 We find the trial court did not err.

I. BACKGROUND

Appellant’s girlfriend, Ms. S. 3 , received a call from appellant asking her to pick him up from a bar. When Ms. S. arrived, appellant was “very intoxicated.”

Ms. S. first…