Commonwealth of Virginia v. Brady Arnold Proffitt, Jr.

Summary

The Supreme Court of Virginia held that the circuit court abused its discretion in a Civil Commitment of Sexually Violent Predators Act jury trial by excluding the testimony of A.G. and M.J., whose proffered accounts described mirror-image sexual assaults by Proffitt in 2007 (rape charge nolle prossed) and 2012 (resulting rape conviction). The testimony was relevant and material to the remaining statutory issues of mental abnormality or personality disorder and likelihood of reoffending, was not unfairly prejudicial because its probative value outweighed any prejudicial effect, was not needlessly cumulative of the evaluating psychologist's testimony, and its exclusion was not harmless because the Commonwealth's case rested on a single expert witness. The judgment was reversed and remanded for further proceedings. No separate opinions were filed.