Cairns v. Commonwealth

FITZPATRICK, Chief Judge.

Robert Bruce Cairns (appellant) was convicted in a bench trial of three counts of forcible sodomy in violation of Code § 18.2-67.1, one count of rape in violation of Code § 18.2-61 and one count of producing sexually explicit material in violation of Code § 18.2-374.1. Appellant contends the trial court erred by: (1) excluding one of the complaining witnesses’ journals pursuant to the rape shield statute; (2) imposing a harsher sentence on retrial after a successful appeal and remand; (3) finding the evidence proved the element of “intimidation”; 1 and (4) finding the…