CODY V. COMMONWEALTH OF VIRIGINA 78 VA.APP. 638 (April 2018)
In Cody v. Commonwealth of Virginia, the prosecution proved another strangulation case without the victim’s testimony through a well-documented investigation and forensic examination. The victim’s hearsay statements were admitted through spontaneous statements, the medical diagnosis exception and forfeiture by wrongdoing, as the prosecution was able to show that the defendant forfeited his right to cross exam the victim by his wrongful acts of witness intimidation.
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FIELDS V. COMMONWEALTH 48 VA.APP. 393 (July 2006)
In Fields v. Commonwealth, 48 Va.App. 393 (2006, Virginia), the court held that the very act of choking the victim with such force posed a risk of serious physical injury, if not death.
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