Virger v. GeorgiaAnnotate this Case
Darius Virger and Alexis Cave were tried together for crimes related to the beating and death of Diarra Chappell, a 13-month-old child who lived with them. Virger was convicted of malice murder, Cave was convicted of felony murder, and both were convicted of other offenses. On appeal, both Virger and Cave challenged the legal sufficiency of the evidence supporting some of their convictions and contended the trial court erred by not severing their cases for trial. Virger also contended the trial court erred by failing to strike a juror for cause, by physically separating the co-defendants during their trial, and by overruling several of his evidentiary objections. Cave argued the trial court erred by allowing the admission of impermissible character evidence, by excluding expert testimony about her mental condition, and by denying her motion for a continuance. In its review of the record, the Georgia Supreme Court found no reversible error, so it affirmed the convictions in both cases.