Robertson v. Commonwealth, 406 S.E.2d 417 (Va. Ct. App. 1991). · Go Syfert
Robertson v. Commonwealth, 406 S.E.2d 417 (Va. Ct. App. 1991). Cases Citing This Book View Copy Cite
“the credibility of all witnesses and the weight accorded their testimony are matters solely for the fact finder, who has the opportunity of seeing and hearing the witnesses.”
299 citation events (205 in the last 25 years) across 3 distinct courts.
Strongest positive: David Eugene White v. Commonwealth (vactapp, 1997-09-23)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) David Eugene White v. Commonwealth (3×) also: Cited as authority (quoted), Cited as authority (rule)
Va. Ct. App. · 1997 · quote attribution · 2 verbatim quotes · confidence high
the credibility of all witnesses and the weight accorded their testimony are matters solely for the fact finder, who has the opportunity of seeing and hearing the witnesses.
examined Cited as authority (verbatim quote) Dunn v. Commonwealth (2×) also: Cited as authority (quoted)
Va. Ct. App. · 1995 · signal: see · quote attribution · 2 verbatim quotes · confidence high
in the absence of clear evidence to the contrary, courts may presume that public officers have properly discharged their official duties.
discussed Cited as authority (rule) Curvin Daniel Roy, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
cited Cited as authority (rule) In Re: Hargrove
Va. · 2025 · confidence medium
See, e.g., Branham v. Commonwealth, 283 Va. 273 , 281-82 (2012); Smith v. Commonwealth, 219 Va. 554, 557-59 (1978); Robertson v. Commonwealth, 12 Va. App. 854, 856-57 (1991).
discussed Cited as authority (rule) David Kenneth Beasley v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Tyreon Lamont Sloan v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. -5- Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Raymond Matthew Uttaro v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Its conclusion may not be overturned on appeal because his testimony was not, as a matter of law, “inherently incredible[] or so contrary to human experience as to render it unworthy of belief.” See Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Health Nicholas Moison v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Kalah Mangram v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
This conclusion may not be overturned on appeal because his testimony was not, as a matter of law, “inherently incredible[] or so contrary to human experience as to render it unworthy of belief.” See Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Zayon Lamont Everett v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
This conclusion may not be overturned on appeal because his testimony was not, as a matter of law, “inherently incredible[] or so contrary to human experience as to render it unworthy of belief.” See Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Bernardo Orozco v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) William Junior Clements v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Daniel Torres Cruz, Sometimes Known as Daniel Torres-Cruz v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The conclusions of the jury “on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) William French, s/k/a William Carlton French v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“The conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Johnathan Michael Harbach v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Marcus Cordell Reid, Sr. v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The Commonwealth must present evidence proving each “‘vital link in the chain of possession,’” but it “‘is not required to exclude every conceivable possibility of substitution, alteration or tampering.’” Alvarez v. Commonwealth, 24 Va. App. 768, 776-77 (1997) (first quoting Robinson v. Commonwealth, 212 Va. 136, 138 (1971); and then quoting Robertson v. Commonwealth, 12 Va. App. 854, 857 (1991)). “[W]here there is mere speculation that contamination or tampering could have occurred, it is not an abuse of discretion to admit the evidence and let what doubt there may be go to …
discussed Cited as authority (rule) Clarence Bernard Coleman v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Its conclusion may not be overturned on appeal because her testimony was not, as a matter of law, “inherently incredible[] or so contrary to human experience as to render it unworthy of belief.” See Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Antonio Lee Williams v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“When a ‘vital link’ in the possession and treatment of the evidence is left to conjecture, the chain of custody is incomplete, and the evidence is inadmissible.” Jeter v. Commonwealth, 44 Va. App. 733, 737 (2005) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 857 (1991)).
discussed Cited as authority (rule) Tristan Anthony Poor v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Id. -5- The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Raheem Tyree Walters v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
And otherwise, “in the ‘absence of clear evidence to the contrary, courts may presume that public officers have properly discharged their official duties.’” Anderson v. Commonwealth, 48 Va. App. 704, 715 (2006) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 856-57 (1991)).
discussed Cited as authority (rule) Jose Saul Grimaldo v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Moreover, we cannot say that a witness’s testimony is “inherently incredible [unless it is] so contrary to the human experience as to render it unworthy of belief.” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (emphases added) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Miguel Guevara Contreras v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
As such, this Court “may only . . . disturb[]” its conclusion “on appeal if this Court finds that [the witness’] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (third alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Jason Theston Payne v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Therefore, the trial court did not abuse its discretion in admitting the certificate and allowing the jury to assign weight to the issue of the broken vial. 8 See Robertson v. Commonwealth, 12 Va. App. 854, 857 (1991) (holding that without evidence of mishandling, the Commonwealth does not need to present testimony from mail carriers to satisfy chain of custody for sealed evidence). -7- B.
discussed Cited as authority (rule) Charles Toy Ashley, a/k/a Sun-Ra Subuwr Abdullah v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“Only when reasonable jurists could not differ can we say an abuse of discretion has occurred.” Lambert v. Commonwealth, 70 Va. App. 740 , 749 (2019) (quoting Thomas v. Commonwealth, 44 Va. App. 741, 753 , adopted upon reh’g en banc, 45 Va. App. 811 (2005)). -9- A. Chain of Custody “The purpose of the chain of custody rule is to establish that the evidence obtained by the police was the same evidence tested.” Jeter v. Commonwealth, 44 Va. App. 733, 737 (2005) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 857 (1991)).
discussed Cited as authority (rule) Ronald Edward Holmes, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Therefore, the conclusions of the jury “on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Mumeet Muhammad, s/k/a Tonie Macklin v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
It is not, however, “required to exclude every conceivable possibility of substitution, alteration or tampering.” Alvarez v. Commonwealth, 24 Va. App. 768, 776 (1997) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 857 (1991)).
discussed Cited as authority (rule) James Larry Cribbs, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“The purpose of the chain of custody rule is to establish that the evidence obtained by the police was the same evidence tested.” Jeter v. Commonwealth, 44 Va. App. 733, 737 (2005) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 857 (1991)). “[A] chain of custody is 3 Cribbs does not dispute that the phone sent to Detective Strickland was, in fact, his cell phone.
discussed Cited as authority (rule) Paul Allen Marshall v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
In light of the jury’s credibility determination in finding Marshall guilty, this Court “may only . . . disturb[ ]” its conclusion “on appeal if this Court finds that [the witness’][s] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (third alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Paul Allen Marshall v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
In light of the jury’s credibility determination in finding Marshall guilty, this Court “may only . . . disturb[ ]” its conclusion “on appeal if this Court finds that [the witness’][s] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (third alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Jeuan Fontai Ward v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
As such, “[a] court need not hear . . . from every witness who physically handled the samples for the [evidence] to be admissible.” Anderson v. Commonwealth, 48 Va. App. 704, 717 (2006). “[I]n the ‘absence of clear evidence to the contrary, courts may presume that public officers have properly discharged their official duties.”’ Id. at 715 (quoting Robertson v. Commonwealth, 12 Va. App. 854, 856-57 (1991)).
discussed Cited as authority (rule) Todd Emanuel Manns v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
The testimony -5- challenged here was “neither ‘inherently incredible’ nor ‘so contrary to human experience as to render it unworthy of belief.’” Kelley v. Commonwealth, 69 Va. App. 617, 627 (2019) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Keith Antonio Riddick v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Its conclusion may not be disturbed on appeal because her testimony was not, as a matter of law, “inherently incredible, or so contrary to human experience as to render it unworthy of belief.” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Jonathan Cornelius McNeal v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
This Court will not disturb a credibility finding on appeal unless the “testimony was ‘inherently incredible[] or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)); see Gerald v. Commonwealth, 295 Va. 469, 486-87 (2018).
discussed Cited as authority (rule) Joseph Wayne Smith, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
However, the factfinder’s conclusions on issues of witness credibility “may only be disturbed on appeal if this Court finds that [the witness’s] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991) (quoting Fisher v. Commonwealth, 228 Va. 296, 299 (1984)).
discussed Cited as authority (rule) James Norman Massey v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
The jury’s conclusions regarding “issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the specific witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Jesus Manuel Lopez-Ramirez v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2023 · confidence medium
“The purpose of the chain of custody rule is to establish that the evidence obtained by the police was the same evidence tested.” Jeter v. Commonwealth, 44 Va. App. 733, 737 (2005) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 857 (1991)). “[W]here the substance analyzed has passed through several hands the evidence must not leave it to conjecture as to who had it and what was done with it between the taking and the analysis.” Robertson, 12 Va. App. at 857 (alteration in original) (quoting Horsley v. Commonwealth, 2 Va. App. 335, 338 (1986)).
discussed Cited as authority (rule) Joseph Ryans Schwalm v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
“As we have noted, ‘[b]ecause sexual offenses are typically clandestine in nature, seldom involving witnesses to the offense except the perpetrator and the victim, a requirement of corroboration would result in most sex offenses going unpunished.’” Id. at 88 (alteration in original) (quoting Garland v. Commonwealth, 8 Va. App. 189, 192 (1989)). -6- The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’s] testimony was “inherently incredible, or so contrary to human experience as to render it u…
discussed Cited as authority (rule) Charles Edmond Coleman, III, s/k/a Charles Edmund Coleman, III v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Appellant further argues that Jefferson was biased against him based on her status as his ex-girlfriend and notes that she did not give a statement to police until after their relationship ended.4 The conclusions of the fact finder on issues of witness credibility “may only be disturbed on appeal if this Court finds that [the witness’s] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991) (quoting Fisher v. Commonwealth, 228 Va. 296, 299-300 (1984)).
discussed Cited as authority (rule) Mohammed Sabri Laylani v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
In light of the jury’s apparent credibility determination in finding Laylani guilty, this Court “may only . . . disturb[]” its conclusion “on appeal if this Court finds that [the witness’] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (second -6- alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Alexander Faucett, s/k/a Alexander Lee Faucett v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Although Faucett asserts that A.L.’s testimony was not credible, the “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Markese J. Pryor v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
The “conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Eric Lee Tomlin v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
An appellate court will only disturb a trial court’s credibility determination “on appeal if [it] finds that [the witness’] testimony was inherently incredible, or so contrary to human experience as to render it unworthy of belief.” Kelley v. Commonwealth, 69 Va. App. 617, 626 (2019) (second alteration in original) (quoting Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011)); see also Johnson, 58 Va. App. at 315 ; Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991).
discussed Cited as authority (rule) Trequan Devonte James v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
This Court will not disturb a credibility finding on appeal unless the “testimony was ‘inherently incredible[] or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)); see Gerald v. Commonwealth, 295 Va. 469, 486-87 (2018).
discussed Cited as authority (rule) Patrick Edward Cornell v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
The factfinder’s conclusions on issues of witness credibility “may only be disturbed on appeal if this Court finds that [the witness’s] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991) (quoting Fisher, 228 Va. at 299 ).
discussed Cited as authority (rule) John Irvin, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
The conclusions of the jury “on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Daquail Ramon Johnson v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“The conclusions of the fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] . . . testimony was inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Moyer v. Commonwealth, 33 Va. App. 8, 28 (2000) (en banc) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Ricky Timothy Wyatt, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
This Court will only disturb a credibility finding on appeal if it concludes that the “testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Brian Anthony Dove v. Commonwealth of Virginia (2×) also: Cited "see"
Va. Ct. App. · 2022 · confidence medium
The conclusions of the trial court as “fact finder on issues of witness credibility ‘may only be disturbed on appeal if this Court finds that [the witness’] testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.”’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (alteration in original) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Anthony Terrell Johnson v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
This Court will only disturb this credibility finding on appeal if we conclude that the “testimony was ‘inherently incredible or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)).
discussed Cited as authority (rule) Jeffery Terry Snow, IV, s/k/a Jeffrey Terry Snow, IV v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
In light of the trial court’s credibility determination, we “may only . . . disturb[ ]” its conclusion “on appeal if this Court finds that [the witness’s] testimony was ‘inherently incredible, or so contrary to human experience as to render it unworthy of belief.’” Johnson v. Commonwealth, 58 Va. App. 303, 315 (2011) (quoting Robertson v. Commonwealth, 12 Va. App. 854, 858 (1991)); see also Hamilton v. Commonwealth, 279 Va. 94, 105 (2010) (“The fact finder, who has the opportunity to see and hear the witnesses, has the sole responsibility to determine their credibility” as …
Buford Houston Robertson, Jr.
v.
Commonwealth of Virginia
Record No. 1633-89-3.
Court of Appeals of Virginia.
Jul 1, 1991.
406 S.E.2d 417
Counsel, Raymond L. Palmer (Early, Palmer & Palmer, on brief), for appellant., Marla Lynn Graff, Assistant Attorney General (Mary Sue Terry, Attorney General, on brief), for appellee.
Duff.
Cited by 152 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 92%
Citer courts: Court of Appeals of Virginia (2)

Opinion

DUFF, J.

Buford Houston Robertson, Jr. appeals his convictions of four counts of distribution of cocaine. He challenges: (1) the testimony of the Commonwealth’s expert witness regarding the definition of a Schedule II drug; (2) the chain of custody; and (3) the sufficiency of the evidence.

On appeal, we view the evidence in the light most favorable to the Commonwealth. Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975). When so viewed, the record shows the following:

Floyd J. James, a convicted felon and former drug user, worked as an “undercover agent” for the Danville Police Department. James had known the defendant for about thirteen years. On four[*856] occasions, James purchased varying amounts of cocaine from the defendant. Before each sale, James met with police officers who searched him, fitted him for a hidden voice transmitter, provided him with cash, and sent him out looking for Robertson to purchase cocaine. On three separate occasions, James paid Robertson cash and received cocaine directly from him. Audio tapes were made on each of these occasions, which were introduced at trial.

Robertson asserts the trial court erred by allowing the Commonwealth’s expert witness to classify cocaine as a Schedule II substance, and to testify further as to the definition of a Schedule II substance. We agree with Robertson’s argument that “the testimony was irrelevant to the issue.” The Commonwealth’s expert defined a Schedule II substance as “any substance that has a high potential for abuse and has limited medical use,” which is simply the statutory definition. Testimony designed to establish matters of law “has no probative value” and should not be allowed. State Farm Mut. Auto. Ins. Co. v. Smith, 206 Va. 280, 290, 142 S.E.2d 562, 569 (1965), overruled by State Farm Mut. Auto. Ins. Co. v. Jones, 238 Va. 467, 383 S.E.2d 734 (1989). We find no support, however, for the proposition that this testimony inflamed the passions of the jury. The expert’s testimony did not detail “horrors” or otherwise interject “an element of passion into the trial prejudicial to the accused.” Smith v. Commonwealth, 223 Va. 721, 723-24, 292 S.E.2d 362, 363-64 (1982). The testimony, although erroneously admitted, was so innocuous that we do not hesitate to say it was harmless. See, e.g., Lane v. Commonwealth, 223 Va. 713, 717-18, 292 S.E.2d 358, 360-61 (1982). Therefore, the trial court did not commit reversible error.

Robertson next alleges that the Commonwealth failed to establish a continuous chain of custody of the cocaine seized from his home. The evidence reveals that the police mailed the cocaine to the laboratory in sealed packages, with identifying markings. The Commonwealth’s expert witnesses testified that the packages were received by an authorized agent at the laboratory, and when received each package was still sealed with police evidence tape. Therefore, the only possible break in the chain of custody was the period of time when the cocaine was in the hands of the Postal Service.

In the absence of clear evidence to the contrary, courts may presume that public officers have properly discharged their official[*857] duties. Smith v. Commonwealth, 219 Va. 554, 559, 248 S.E.2d 805, 808 (1978); Murdock v. Nelms, 212 Va. 639, 642, 186 S.E.2d 46, 49 (1972). Postal Service clerks are included in this presumption of regularity. United States v. Cook, 580 F. Supp. 948, 955 (N.D. W. Va. 1983), aff'd, 782 F.2d 1037 (4th Cir. 1986). Robertson presented no evidence to establish that any of the bags of cocaine were mishandled by the Postal Service. Robertson alleges mere possibilities of mishandling, which are not proof. Therefore, in the absence of any evidence of tampering or mishandling, the trial court was justified in presuming that the cocaine was properly handled while in the hands of the Postal Service.

The purpose of the chain of custody rule is to establish that the evidence obtained by the police was the same evidence tested. “[Wjhere the substance analyzed has passed through several hands the evidence must not leave it to conjecture as to who had it and what was done with it between the taking and the analysis.” Horsley v. Commonwealth, 2 Va. App. 335, 338, 343 S.E.2d 389, 390 (1986) (quoting Rodgers v. Commonwealth, 197 Va. 527, 531, 90 S.E.2d 257, 259-60 (1955)). In offering this evidence, the Commonwealth, however, “is not required to exclude every conceivable possibility of substitution, alteration or tampering.” Pope v. Commonwealth, 234 Va. 114, 129, 360 S.E.2d 352, 357 (1987), cert. denied, 485 U.S. 1015 (1988). Instead, the Commonwealth was required to establish with “reasonable assurance” that the evidence analyzed and presented at trial was in the same condition as it was when obtained by police. Id. In the present case, the Commonwealth met this burden by establishing that the packages of cocaine that were mailed to the laboratory remained sealed and were in the same condition when received by the laboratory as when they were mailed by the police. See Dotson v. Petty, 4 Va. App. 357, 363-64, 358 S.E.2d 403, 406-07 (1987). The chain of custody was sufficiently established and the cocaine was properly admitted into evidence.

(5) Finally, Robertson challenges the sufficiency of the evidence to support his convictions. His argument focuses on the testimony of the Commonwealth’s key witness, Floyd James. The credibility of all witnesses and the weight accorded their testimony are matters solely for the fact finder, who has the opportunity of seeing and hearing the witnesses. Schneider v. Commonwealth, 230 Va.[*858] 379, 382, 337 S.E.2d 735, 736-37 (1985). All of the circumstances which Robertson alleges made James an incredible witness were before the jury, who resolved the issue of credibility in favor of Floyd James. The jury’s finding may only be disturbed on appeal if this Court finds that James’ testimony was “inherently incredible, or so contrary to human experience as to render it unworthy of belief.” Fisher v. Commonwealth, 228 Va. 296, 299-300, 321 S.E.2d 202, 204 (1984). The evidence, viewed in the light most favorable to the Commonwealth, does not support this conclusion. See Higginbotham, 216 Va. at 352, 218 S.E.2d at 537.

Accordingly, the convictions appealed from are

Affirmed.

Koontz, C.J., and Benton, J., concurred.