062180 Billips v. Commonwealth 11/02/2007 (Revised 11/05/2007) Admissibility of opinion evidence based upon plethysmograph testing at a sentencing proceeding requires the same threshold finding of rel

State: Virginia

Court: Supreme Court

Docket No: 062180

Case Date: 11/02/2007

Plaintiff: 062180 Billips

Defendant: Commonwealth 11/02/2007 (Revised 11/05/2007) Admissibility of opinion evidence based upon plethysmo

Preview:Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. MATTHEW EDWARD BILLIPS v. Record No. 062180 OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL November 2, 2007

COMMONWEALTH OF VIRGINIA

FROM THE COURT OF APPEALS OF VIRGINIA In a case of first impression, this appeal questions the admissibility of opinion evidence based upon plethysmograph testing at a sentencing proceeding. Facts and Proceedings Matthew Edward Billips, then a juvenile, was charged with two counts of forcible sodomy of a child under the age of 13 years, and one count of soliciting a child to commit sodomy. The juvenile and domestic relations district court certified the case to the circuit court, where Billips was found guilty of all three offenses in a jury trial. The circuit court By the time

continued the case for a presentence evaluation. of trial, Billips had attained his majority.

The circuit court, before sentencing, ordered a presentence report containing a psychosexual evaluation pursuant to Code

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