Baker v. Elmendorf, 271 Va. 474

Summary

The Supreme Court of Virginia held that a general district court criminal conviction appealed de novo and reversed by the circuit court is not admissible in a subsequent malicious prosecution action. The court concluded that statutory changes and later decisions established that a de novo appeal annuls the inferior court judgment, overruling the contrary effect of prior precedent for this context. The judgment for the defendants was reversed and the case was remanded.

Holdings

1. When a defendant exercises the right to appeal under Code § 16.1-132, the resulting de novo appeal annuls the general district court conviction; therefore, the fact of that conviction is not admissible in a subsequent civil proceeding, including a malicious-prosecution action.
2. The rule that a conviction by a trial justice, even if reversed on appeal, is conclusive evidence of probable cause cannot control where the conviction was appealed de novo under Code § 16.1-132.

Questions Presented

1. Whether a criminal conviction rendered in general district court, appealed under Code § 16.1-132 and reversed on appeal, is admissible in a subsequent civil action for malicious prosecution.
2. Whether the prior rule that a conviction by a trial justice, although reversed on appeal, conclusively establishes probable cause remains controlling after Virginia's statutory changes providing for de novo appeals and subsequent decisions defining the effect of such appeals.

Disposition

reversed_and_remanded