IN THE OCTOBER 2017 ISSUE of this journal, we discussed the doctrine of forfeiture by wrongdoing. In April 2018, the Virginia Court of Appeals decided Cody v. Commonwealth, 68 Va. App. 638, 812 S.E.2d 466 (2018), which entirely vindicated the doctrine. In Cody, the victim had been abused for years by her live-in boyfriend, Kevin Cody. Cody had beaten her savagely, including strangulation to near unconsciousness. The victim seized an opportunity and fled with her two boys, calling the police; the recording of that call exposed her fear and panic and provided valuable evidence of the background of abuse. She was referred immediately for a forensic nurse exam, which...
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Update: Forfeiture by Wrongdoing.
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