Wednesday, June 09, 2004
Conviction on failure to appear reversed for lack of evidence that trial judge took judicial notice
In Edmonds v. Com., the Virginia Court of Appeals, in a decision by Judge Annunziata, joined by Judges Clements and McClanahan, held that the Commonwealth failed to prove that the defendant knew she was supposed to appear in court, and therefore her conviction for failure to appear was reversed, notwithstanding the Commonwealth's arguments that the trial court jduge took judicial notice of the indications on the warrant that the defendant knew of the hearing date. The Court explained that the trial court must make some kind of statement that communicates its intent to take judicial notice for such facts to be considered evidence that would sustain a conviction.