Alford plea in Virginia

2024See Code § 17.1-413(A). 1 North Carolina v. Alford, 400 U.S. 25 (1970); see also Cellucci v. Commonwealth, 77 Va. App. 36 , 43 n.2 (2023) (en banc) (“When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” (quoting Slusser v. Commonwealth, 74 Va. App. 761 , 766 n.2 (2022))).

2023The trial court asked Cahill if he understood that in entering his plea he was waiving “certain rights like the right to a trial by jury, the right to cross-examine witnesses, and the 1 Cahill entered an Alford plea under North Carolina v. Alford, 400 U.S. 25 (1970).

2024See Perry v. Commonwealth, 33 Va. App. 410, 413 (2000) (holding that by freely and intelligently entering an Alford plea, an appellant waives his right to appeal the issue of “whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of that charge”).

2022See Perry v. Commonwealth, 33 Va. App. 410, 413 (2000) (holding that by “freely and intelligently entering” an Alford plea of guilty, the defendant “waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of th[e] charge”).

2016In Carroll v. Commonwealth, 280 Va. 641, 650 , 701 S.E.2d 414, 419 (2010), the Supreme Court observed that, in the civil case of Parson v. Carroll, 272 Va. 560 , 636 S.E.2d 452 (2006), "this Court decided that a concession made in an Alford plea is a concession of law and not of fact and is not a bar to a post-Alford [civil] proceeding in which the issue is whether, as a matter of fact, the accused participated in the acts constituting the offense.” Even entering a guilty plea does not estop a defendant in a subsequent civil case from contesting civil liability, as the Supreme Court explained

2016In Carroll v. Commonwealth, 280 Va. 641, 650 , 701 S.E.2d 414, 419 (2010), the Supreme Court observed that, in the civil case of Parson v. Carroll, 272 Va. 560 , 636 S.E.2d 452 (2006), "this Court decided that a concession made in an Alford plea is a concession of law and not of fact and is not a bar to a post-Alford [civil] proceeding in which the issue is whether, as a matter of fact, the accused participated in the acts constituting the offense.” Even entering a guilty plea does not estop a defendant in a subsequent civil case from contesting civil liability, as the Supreme Court explained

2008An “Alford plea is a variation of a guilty plea,” United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990), and has “the same preclusive effect as a guilty plea” for purposes of appeal, Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (citation omitted); see Clauson v. Commonwealth, 29 Va.App. 282, 294 , 511 S.E.2d 449, 455 (1999).

2008An “Alford plea is a variation of a guilty plea,” United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990), and has “the same preclusive effect as a guilty plea” for purposes of appeal, Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (citation omitted); see Clauson v. Commonwealth, 29 Va.App. 282, 294 , 511 S.E.2d 449, 455 (1999).

2019Cf. Lewis v. Commonwealth , 267 Va. 302 , 316-17, 593 S.E.2d 220 (2004) (affirming convictions and death sentence without dismissing any portion of the appeal where appellant's guilty pleas waived some of the issues raised on appeal); Walton v. Commonwealth , 256 Va. 85 , 91, 96, 501 S.E.2d 134 (1998) (same); Beck v. Commonwealth , 253 Va. 373 , 380-81, 388, 484 S.E.2d 898 (1997) (same); Cobbins v. Commonwealth , 53 Va. App. 28 , 36-37, 668 S.E.2d 816 (2008) (affirming convictions and sentence without dismissing any portion of the appeal where appellant's Alford plea of guilty waived appellate

2019Cf. Lewis v. Commonwealth , 267 Va. 302 , 316-17, 593 S.E.2d 220 (2004) (affirming convictions and death sentence without dismissing any portion of the appeal where appellant's guilty pleas waived some of the issues raised on appeal); Walton v. Commonwealth , 256 Va. 85 , 91, 96, 501 S.E.2d 134 (1998) (same); Beck v. Commonwealth , 253 Va. 373 , 380-81, 388, 484 S.E.2d 898 (1997) (same); Cobbins v. Commonwealth , 53 Va. App. 28 , 36-37, 668 S.E.2d 816 (2008) (affirming convictions and sentence without dismissing any portion of the appeal where appellant's Alford plea of guilty waived appellate

2018See, e.g. , Carroll v. Commonwealth , 54 Va. App. 730 , 747, 682 S.E.2d 92 , 100 (2009) ("An Alford plea is a guilty plea in the same way that a plea of nolo contendere or no contest is a guilty plea." (citation omitted) ).

2018See, e.g. , Carroll v. Commonwealth , 54 Va. App. 730 , 747, 682 S.E.2d 92 , 100 (2009) ("An Alford plea is a guilty plea in the same way that a plea of nolo contendere or no contest is a guilty plea." (citation omitted) ).

2025Smith v. Commonwealth, 27 Va. App. 357, 360-63 (1998) (holding that “a trial court may consider a defendant’s lack of remorse at sentencing, even when the defendant has chosen to enter an Alford plea”).

2009See Smith v. Commonwealth, 27 Va.App. 357, 364 , 499 S.E.2d 11, 14 (1998) (holding that the trial court did not err in considering an Alford defendant's lack of remorse as one factor in sentencing, but indicating that the Court’s holding did not "require him to assume responsibility for crimes while asserting his innocence”). .

2008As a result, they are often termed " 'Alford[ pleas of guilty.” Malbrough v. Commonwealth, 275 Va. 163, 168 , 655 S.E.2d 1, 3 (2008); see also Zigta v. Commonwealth, 38 Va.App. 149, 151 , 562 S.E.2d 347, 348 (2002) (using the phrase "Alford plea of guilty”). 2 .

2008As a result, they are often termed " 'Alford[ pleas of guilty.” Malbrough v. Commonwealth, 275 Va. 163, 168 , 655 S.E.2d 1, 3 (2008); see also Zigta v. Commonwealth, 38 Va.App. 149, 151 , 562 S.E.2d 347, 348 (2002) (using the phrase "Alford plea of guilty”). 2 .

2022See e.g., Carroll v. Commonwealth, 280 Va. 641, 651-52 (2010) (holding that an Alford plea is treated functionally the same as a guilty plea in further criminal proceedings). -2- II.

2016Once an accused has been found guilty and sentenced, any distinction between an ordinary guilty plea and an Alford plea of guilty ceases to be relevant for purposes of a subsequent violation of a suspended sentence. 10 In Carroll v. Commonwealth, 280 Va. 641 , 701 S.E.2d 414 (2010), Carroll raped his twelve-year-old stepdaughter, then *380 entered an Alford plea of guilty to the charge.

2018“An ‘Alford plea is a variation of a guilty plea,’” and “has ‘the same preclusive effect as a guilty plea’ for purposes of appeal.” Cobbins v. Commonwealth, 53 Va. App. 28, 36 , 668 S.E.2d 816, 820 (2008) (first quoting United States v. Morrow, 914 F.2d 608, 611 (4th Cir. 1990); then quoting Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652 (2000)). -4- sentencing.

2008An “Alford plea is a variation of a guilty plea,” United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990), and has “the same preclusive effect as a guilty plea” for purposes of appeal, Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (citation omitted); see Clauson v. Commonwealth, 29 Va.App. 282, 294 , 511 S.E.2d 449, 455 (1999).

2015“An ‘Alford plea’ is where a defendant asserts his innocence but admits that sufficient evidence exists which could likely convince a judge or jury to find the defendant guilty.” Neighbors v. Commonwealth, 274 Va. 503, 506 , 650 S.E.2d 514, 516 (2007) (citing Alford, 400 U.S. at 37-38 ). 2 Appellant noted three assignments of error in his petition for appeal.

2015“An ‘Alford plea’ is where a defendant asserts his innocence but admits that sufficient evidence exists which could likely convince a judge or jury to find the defendant guilty.” Neighbors v. Commonwealth, 274 Va. 503, 506 , 650 S.E.2d 514, 516 (2007) (citing Alford, 400 U.S. at 37-38 ). 2 Appellant noted three assignments of error in his petition for appeal.

2009Against this historical backdrop, the Alford plea developed as a mechanism whereby "`a defendant maintains innocence while entering a plea of guilty because the defendant concludes that his interests require entry of a guilty plea and the record before the court contains strong evidence of actual guilt.'" Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (quoting Cortese v. Black, 838 F.Supp. 485, 492 (D.Colo.1993) (citing Alford, 400 U.S. at 37 , 91 S.Ct. at 167 )).

2009Against this historical backdrop, the Alford plea developed as a mechanism whereby “ ‘a defendant maintains innocence while entering a plea of guilty because the defendant concludes that his interests require entry of a guilty plea and the record before the court contains strong evidence of actual guilt.’ ” Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (quoting Cortese v. Black, 838 F.Supp. 485, 492 (D.Colo.1993) (citing Alford, 400 U.S. at 37 , 91 S.Ct. at 167 )).

2025It revoked the remaining 7 years and 6 months of Manley’s 1 “When offering an Alford plea of guilty, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense.” Zebbs v. Commonwealth, 66 Va. App. 368 , 371 n.1 (2016) (quoting Ramsey v. Commonwealth, 65 Va. 593 , 596 n.1 (2015)). -2- suspended sentence and resuspended all but 14 days of the sentence “on the same conditions as contained in the previous sentencing order.”2 It reiterated that probation would continue for “an indeterminate period” to begin on his “release from confinement.” Manley se

2024Zebbs v. Commonwealth, 66 Va. App. 368, 379 (2016); Ramsey, 65 Va. App. at 596 n.1.

2000See generally Allen v. Commonwealth, 27 Va. App. 726, 732 , 501 S.E.2d 441, 444 (1998) (finding that defendant, who amended his plea during trial after he testified, does not waive any trial rights, but rather fully exercises them).

2000See generally Allen v. Commonwealth, 27 Va. App. 726, 732 , 501 S.E.2d 441, 444 (1998) (finding that defendant, who amended his plea during trial after he testified, does not waive any trial rights, but rather fully exercises them).

2025“The nine-month limitation” in Code § 19.2-243 “‘translates to’ at least 273 days.” McCray v. Commonwealth, 44 Va. App. 334, 342 (2004).

2024He was arrested and charged as an adult for the murder of his grandmother.3 Despite maintaining that the killing was accidental, appellant entered an Alford plea to second-degree murder, in violation of Code § 18.2-32.4 2 This Court views “the evidence in the light most favorable to the Commonwealth, as ‘the prevailing party in the trial court.’” Kelley v. Commonwealth, 69 Va. App. 617, 624 (2019) (quoting Hamilton v. Commonwealth, 279 Va. 94, 103 (2010)).

2024He was arrested and charged as an adult for the murder of his grandmother.3 Despite maintaining that the killing was accidental, appellant entered an Alford plea to second-degree murder, in violation of Code § 18.2-32.4 2 This Court views “the evidence in the light most favorable to the Commonwealth, as ‘the prevailing party in the trial court.’” Kelley v. Commonwealth, 69 Va. App. 617, 624 (2019) (quoting Hamilton v. Commonwealth, 279 Va. 94, 103 (2010)).

2024“In doing so, the Court discard[s] all evidence of the accused that conflicts with that of the Commonwealth and regard[s] as true all credible evidence favorable to the Commonwealth and all fair inferences reasonably deducible from that evidence.” Id. (alterations in original) (internal quotation marks omitted) (quoting Parham v. Commonwealth, 64 Va. App. 560, 565 (2015)). 3 Appellant was certified as an adult under an earlier version of Code § 16.1-269.1(B), which required anyone over the age of 13 to be tried as an adult after a finding of probable cause.

2024“In doing so, the Court discard[s] all evidence of the accused that conflicts with that of the Commonwealth and regard[s] as true all credible evidence favorable to the Commonwealth and all fair inferences reasonably deducible from that evidence.” Id. (alterations in original) (internal quotation marks omitted) (quoting Parham v. Commonwealth, 64 Va. App. 560, 565 (2015)). 3 Appellant was certified as an adult under an earlier version of Code § 16.1-269.1(B), which required anyone over the age of 13 to be tried as an adult after a finding of probable cause.

2023“A circuit court may not accept a plea of guilty . . . without first determining that the plea is made . . . with an understanding of the nature of the charge and the consequences of the plea.” Rule 3A:8(b)(1) (emphasis added); see also Rule 7C:6; Henderson v. Morgan, 426 U.S. 637, 645 (1976) (holding that a defendant must receive “real notice of the true nature of the charge against him” for a plea to be voluntary (emphasis added) (quoting Smith v. O’Grady, 312 U.S. 329, 334 (1941))).

2023“A circuit court may not accept a plea of guilty . . . without first determining that the plea is made . . . with an understanding of the nature of the charge and the consequences of the plea.” Rule 3A:8(b)(1) (emphasis added); see also Rule 7C:6; Henderson v. Morgan, 426 U.S. 637, 645 (1976) (holding that a defendant must receive “real notice of the true nature of the charge against him” for a plea to be voluntary (emphasis added) (quoting Smith v. O’Grady, 312 U.S. 329, 334 (1941))).

2023See Alford, 400 U.S. 25 . - 10 - (quoting People v. Williams, 721 N.E.2d 539, 544 (Ill. 1999)).

2023See Jay v. Commonwealth, 275 Va. 510, 520 (2008) (explaining that, in applying Rule 5A:20(e), the Court “should . . . consider whether any failure to strictly adhere to the [statutory] requirements . . . is insignificant, thus allowing the court to address the merits of a question presented”). 3 Nicol’s counsel also averred that he had reviewed an Alford plea of guilty form with Nicol before the plea hearing. -2- Nicol’s counsel proffered his version of events, to help bolster the record that he was entering “an Alford plea and not just a straight plea.” Counsel repeatedly attacked the credibi

2022Moreover, to demonstrate that a miscarriage of justice has occurred, “[i]t is never enough for the defendant to merely assert a winning argument on the merits—for if that were enough[,] procedural default ‘would never apply, except when it does not matter.’” Winslow, 62 Va. App. at 546 (quoting Alford v. Commonwealth, 56 Va. App. 706, 710 (2010)).