Summary
This Virginia Supreme Court per curiam opinion affirms Sh’Kise Fazion Cappe’s first-degree murder, firearm use, and conspiracy convictions. The court holds that the evidence presented at trial was legally sufficient to sustain the convictions under the applicable standard of review. Additionally, the court declines to address Cappe’s challenge to the Court of Appeals’ harmless error ruling because he failed to provide any supporting argument or authority in his brief, constituting a waiver.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to support Cappe’s convictions for first‑degree murder, use of a firearm, and conspiracy.
- Whether the Court of Appeals erred in holding that the exclusion of Kirkendall’s identification testimony was harmless, given Cappe’s failure to brief the assignment of error.
Holdings
- The evidence was sufficient; the Court affirms the Court of Appeals’ judgment.
- Failure to brief an assignment of error constitutes a waiver; the Court declines to reach the merits of the harmless‑error claim.
Factual background
Cappe was linked to a shooting through video footage, cartridge casings, a vehicle registered to him, cell‑phone records, and text messages. The video showed three men firing at the victim; the faces were grainy, but the jury observed Cappe from multiple angles. A firearms expert linked a cartridge from Cappe’s car to the crime scene. The prosecution also presented text messages and cell‑phone tower data tying Cappe to the scene.
Procedural history
Cappe was convicted of first‑degree murder, use of a firearm to commit murder, and conspiracy. He appealed to the Court of Appeals, which affirmed the convictions and held that the trial court’s exclusion of a witness’s testimony was harmless. Cappe then appealed to this Court.