Billips v. Commonwealth

Summary

The Supreme Court of Virginia held that the Spencer reliability requirement applies to scientific evidence offered in judicial proceedings, including sentencing proceedings. Because the Commonwealth failed to establish the scientific reliability of penile plethysmograph testing before introducing related evidence at sentencing, the evidence was inadmissible and the sentencing judgment was reversed and remanded for resentencing.

Holdings

1. The Spencer rule governing the admissibility of scientific evidence applies to scientific evidence offered in judicial proceedings generally, including sentencing proceedings.
2. Penile plethysmograph evidence is inadmissible when the proponent fails to make a prima facie showing establishing the reliability of the scientific method.
3. The admission of the unsupported plethysmograph evidence was not harmless because the court could not say with fair assurance that the sentencing decision was unaffected by the evidence.

Questions Presented

1. Whether the Spencer reliability rule applies to scientific evidence offered at a sentencing proceeding.
2. Whether penile plethysmograph evidence lacking a threshold foundation establishing the reliability of the scientific method was admissible at sentencing.
3. Whether admission of the plethysmograph evidence was harmless.

Disposition

reversed_and_remanded