Johnson v. Commonwealth

FITZPATRICK, Chief Judge.

Robert C. Johnson (appellant) was convicted in a bench trial of two counts of rape in violation of Code § 18.2-61, two counts of forcible sodomy in violation of Code § 18.2-67.1 and two counts of indecent liberties with a child in violation of Code § 18.2-370.1. On appeal, appellant contends that: (1) Code § 18.2-67.9, which allows child victims to testify via closed circuit television, is unconstitutional, both facially and as applied to him; (2) the Commonwealth failed to carry its burden to show that the child was unable to testify in person; and (3) the evidence…