Krasucki v. Commonwealth – June 16, 2009
Posted by ron on June 16, 2009 · Leave a Comment
Review of trial court’s denial of pre-trial motion to dismiss when the Commonwealth failed to produce the video recording of Krasucki’s stop and arrest.
Details
From
The Circuit Court of the City of Chesapeake; V. Thomas Forehand, Judge.
Counsel
Andrew A. Protogyrou and M. Colston Jones (Protogyrou & Rigney, P.L.C.) for appellant.
Stephanie G. Johnson (Office of the Commonwealth’s Attorney) for appellee.
Assignments of Error
1. The Court of Appeals of Virginia erred when it denied the petition for appeal because the Commonwealth violated appellant’s right to due process of law when it failed to produce the video recording of appellant made during his stop and arrest. The Court of Appeals erred when it affirmed the trial court’s decision to overrule appellant’s pretrial motion to dismiss the charges against him.
2. The Court of Appeals of Virginia erred when it denied the petition for appeal because the Commonwealth violated appellant’s right to due process of law when it destroyed the video recording of appellant made during his stop and arrest.
Date Granted
6-11-2009