Legal Opinion

Oliva v. Commonwealth

Court of Appeals of Virginia

Decided January 17, 1995No. Record No. 0905-93-4PublishedCited by 11 opinions

1Opinion of the Court

Opinion

COLEMAN, J.

In this appeal from a conviction for forcible rape, we hold that the trial judge erred by refusing to admit evidence which tended to show that another person committed the rape. The trial judge’s rulings unduly restricted the defendant’s ability to present relevant and material evidence in his own defense. Because Oliva proffered evidence that directly pointed to another person as the rapist, and offered other circumstantial evidence that tended to corroborate his more direct proof, we cannot say that the excluded evidence would not have raised a reasonable doubt about the…

2Cases cited5 opinions

  1. Karnes v. CommonwealthSupreme Court of Virginia · 1919
  2. Rees v. CommonwealthSupreme Court of Virginia · 1962
  3. Massey v. CommonwealthSupreme Court of Virginia · 1985
  4. Weller v. CommonwealthCourt of Appeals of Virginia · 1993
  5. Cremeans v. CommonwealthSupreme Court of Virginia · 1905

3Cited by11 opinions

  1. Johnson v. CommonwealthSupreme Court of Virginia · 2000
  2. Soering v. DeedsSupreme Court of Virginia · 1998
  3. Jonathan Nathaniel Ramsey v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2014
  4. Zook v. CommonwealthCourt of Appeals of Virginia · 2000
  5. Tice v. CommonwealthCourt of Appeals of Virginia · 2002

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