Corey Salmon v. Commonwealth of Virginia

CourtCourt of Appeals of Virginia
DecidedJanuary 20, 2026
Docket1276241
StatusUnpublished

This text of Corey Salmon v. Commonwealth of Virginia (Corey Salmon v. Commonwealth of Virginia) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corey Salmon v. Commonwealth of Virginia, (Va. Ct. App. 2026).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Decker, Judge AtLee and Senior Judge Humphreys UNPUBLISHED

Argued at Williamsburg, Virginia

COREY SALMON MEMORANDUM OPINION* BY v. Record No. 1276-24-1 CHIEF JUDGE MARLA GRAFF DECKER JANUARY 20, 2026 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH Johnny E. Morrison, Judge

Althea L. Mease, Public Defender, for appellant.

Timothy J. Huffstutter, Assistant Attorney General (Jason S. Miyares,1 Attorney General, on brief), for appellee.

This case originates from actions in the presence of the trial court. During his jury trial

for maliciously shooting into an occupied vehicle, the trial court discovered that Corey Lamar

Salmon continued using his smart watch after being told to stop by the courtroom deputy and

that he was recording the trial on his cell phone without court approval. Salmon admitted to

recording the proceedings, despite earlier admonitions by the court about the use of electronics.

The court declared a mistrial, citing concerns for the jurors and the witnesses, and convicted

Salmon of contempt of court. Salmon was sentenced to five days in jail, all suspended, and fined

$25. On appeal, he argues that the trial court erred in finding the evidence sufficient to convict

him of direct contempt. Finding no error, we affirm the trial court’s judgment.

* This opinion is not designated for publication. See Code § 17.1-413(A). 1 Jay C. Jones succeeded Jason S. Miyares as Attorney General on January 17, 2026. BACKGROUND2

Salmon was on trial for maliciously shooting into an occupied vehicle. He elected to be

tried by a jury, and the panel was selected. Following the testimony of the prosecution’s last

witness, the court sent the jury from the courtroom. The judge stated he noticed that the

courtroom deputy had “talked to th[e] defendant a couple [of] times” during the case. Deputy

Ruiz advised the court that he saw Salmon “scrolling through his smart watch” twice, which was

“the equivalent of using his cell phone.” According to the deputy, he told Salmon not to use his

smart watch after the first observation. But after that, Ruiz saw Salmon scrolling again. The

deputy explained that when he confronted Salmon the second time, Salmon said he was “texting

his lawyer.” He then clarified that he “was showing a message to [his] lawyer” and claimed it

did not constitute texting. At that point, the judge admonished Salmon that he was “not to use

any kind of equipment in th[e] courtroom” and that his smart watch was the equivalent of his

phone. Salmon acknowledged that he understood, and the judge directed him to give his cell

phone and smart watch to Deputy Ruiz.

After this exchange, the Commonwealth rested its case, and Salmon moved to strike the

evidence, which the trial court denied. Salmon presented evidence and testified in his defense.

After the defense rested, the judge called on the deputy again. The deputy relayed that, as

Salmon was testifying, his cell phone lit up and it “appear[ed] . . . Salmon ha[d] been [audio]

recording th[e] trial for 1 hour 46 minutes and 53 seconds.” When asked, Salmon admitted that

he knew his phone was recording and added that he had not told his attorneys. The court

2 On appeal, this Court recites the facts “in the ‘light most favorable’ to the Commonwealth, the prevailing party in the trial court.” Hammer v. Commonwealth, 74 Va. App. 225, 231 (2022) (quoting Commonwealth v. Cady, 300 Va. 325, 329 (2021)). In doing so, we discard any evidence that conflicts with the Commonwealth’s evidence, “and regard as true all the credible evidence favorable to the Commonwealth and all . . . inferences” that can be fairly drawn from that evidence. Cady, 300 Va. at 329 (quoting Commonwealth v. Perkins, 295 Va. 323, 324 (2018) (per curiam)). -2- explained that no one was permitted to “record anything in this courtroom, even the press. They

have to get permission of the [c]ourt.” Salmon said that he was “ignorant” and did not know that

he needed to ask for permission to record the proceedings. He argued that no signs prohibited

recording.

The trial court expressed its concern for the jurors and the witnesses who had testified. It

admonished Salmon and pointed out that there were signs posted throughout the building

“dealing with” recordings and photographs. Ultimately, the court declared a mistrial, mainly out

of concern for the safety of “the jury and [the] witnesses” and because the court did not know

Salmon’s motive behind recording. It held Salmon in contempt, issued a show cause order with

a 15-day return, and confiscated his watch and cell phone.

At the show cause hearing, Salmon presented evidence in his defense. He introduced

photos of signs that were posted at the two main entrances to the courthouse. The signs listed

items banned “[b]y court order.” Cameras and video equipment and certain non-electronic items

were listed as prohibited. Salmon testified that he did not know why he was there and did not

“know what the fuck [wa]s going on.” According to Salmon, he did not know of a reason he was

not permitted to record the trial, he heard no announcements telling him not to record, and he

saw no signs against recording. Salmon again explained his thought process about recording the

proceedings and noted he wanted his own record of the trial because he did not trust anyone and

did not understand legal terms. He denied any intention to disrespect the court or use the

information he gained about the jurors. On cross-examination, Salmon was asked if he

remembered the deputy “telling [him] to turn off [his] devices when [Deputy Ruiz] caught [him]

on [his] watch.” Salmon responded affirmatively and further agreed that he did not follow the

deputy’s directive.

-3- Salmon argued he did not intend to disrespect the court and his actions did not directly

“disregard” “any rule, policy, posted sign, [or] announcement” that “got to him.” The trial court

reiterated, as it did the day of the jury trial, that Salmon had been told twice by the deputy not to

use his smart watch yet kept using it and then was found to be recording. It held Salmon in

contempt of court under Code § 18.2-456(A)(1), sentenced him to five days in jail, all

suspended, and imposed a $25 fine.

ANALYSIS

Salmon challenges the sufficiency of the evidence to support his conviction. He contends

that based on the evidence his actions did not amount to the requisite willful intent. He also

argues that there is “limited information on the record” clearly identifying which facts the court

relied on in support of its decision.

An appellate court will “review the exercise of a court’s contempt power under an abuse

of discretion standard.” Orndoff v. Commonwealth, ___ Va. ___, ___ (Sept. 25, 2025) (plurality

opinion) (quoting Petrosinelli v. People for the Ethical Treatment of Animals, Inc., 273 Va. 700,

706 (2007)); see also Sapp v. Commonwealth, 263 Va. 415, 425 (2002) (noting that the “use of

contempt powers is clearly subject to the discretion of the trial court”). “This bell-shaped curve

of reasonability” underpinning appellate review for an abuse of discretion “rests on the venerable

belief that the judge closest to the contest is the judge best able to discern where the equities lie.”

Commonwealth v. Barney, 302 Va. 84, 94 (2023) (quoting Sauder v. Ferguson, 289 Va. 449, 459

(2015)).

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