Written by: Sam Orlando
HAMPTON, VIRGINIA – In a significant appellate decision on February 5, 2024, the Virginia Court of Appeals upheld the Circuit Court of the City of Hampton’s decision to grant pretrial bond to Cory Bigsby, a man facing 30 felony and 2 misdemeanor charges, including the murder of his son. This ruling represents a notable setback for the Commonwealth of Virginia, which appealed the bond decision.
The Commonwealth’s Appeal
The Commonwealth had contended that the lower court abused its discretion by considering Bigsby’s presumption of innocence, the nature of the charges, his opportunity to obstruct justice, and the “insufficient evidence” of him being a danger to the public. Moreover, the Commonwealth took issue with the court giving “significant weight” to the passage of time as a change in circumstance.
The Appellate Court’s Ruling
In its detailed analysis, the Court of Appeals found several flaws in the Commonwealth’s position. Firstly, it declined to consider the Commonwealth’s argument against the presumption of innocence, as it was not raised in the trial court. This procedural oversight was a critical error, as objections must be both specific and timely to be considered on appeal.