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Monthly Archives: March 2007

Criminal – Cocaine Possession – Intent To Distribute – Certificate Of Analysis (access required)

The appellate court affirms defendant’s conviction of cocaine possession with intent to distribute, rejecting his argument that the commonwealth could not use the certificate of analysis of the substance removed from his motel room, because use of the certificate without ...

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Criminal – Concealed Weapon – Housing Project Encounter (access required)

A defendant who police encountered near a housing project posted for “no trespassing” and who responded by pulling up his shirt, when the officer asked defendant and a companion if each would mind pulling up his shirt, loses his challenge ...

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Criminal – Domestic A&B – Bias – Paternity Testing (access required)

A woman’s testimony about defendant, her boyfriend, having lived with her off and on for five years and fathered her daughter, and her description of two incidents in which defendant physically assaulted her, provided sufficient evidence to convict defendant of ...

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Criminal – Drug Possession – Informant Tip (access required)

There was sufficient evidence to convict defendant of possession of marijuana and cocaine where defendant fled toward the fence when he saw police, made a pushing or throwing motion over the fence, and police found marijuana and cocaine on the ...

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Criminal – Failure To Appear – Willful Conduct (access required)

A defendant who failed to contact his lawyer, stopped taking psychotropic medication and absconded from probation supervision, demonstrated that his failure to appear on other criminal charges was “willful,” and his conviction under Va. Code Sect. 19.2-128 is affirmed. The ...

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Criminal – Gun Possession – Drug Paraphernalia (access required)

A defendant’s conviction of possession of a firearm while in possession of cocaine is affirmed despite his claim that the commonwealth failed to prove he was aware of the presence of a set of scales, which contained cocaine residue, located ...

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Criminal – Indictment – Variance – B&E – Intent (access required)

The Court of Appeals upholds defendant’s conviction of breaking and entering with intent to commit assault and battery, on an indictment that charged B&E in violation of Va. Code Sect. 18.2-91, and A&B in violation of Code Sect. 18.2-57. The ...

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Criminal – Robbery – Firearm Use – Victims' Testimony (access required)

Although defendant’s fianc?e testified that he did not participate in a robbery of two acquaintances as they stopped their cars after driving home from the hospital where they visited the fiancee’s mother, there was sufficient evidence to convict defendant of ...

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Criminal – Right To Counsel – 'Clear Invocation' (access required)

A defendant who made the statement, “I guess I need a lawyer,” in a questioning tone, did not clearly invoke his right to counsel, and his statement could be admitted at his trial for second-degree murder. The trial court found ...

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Domestic Relations – Custody – Jurisdiction – Voidable Order (access required)

A biological mother who gave up custody of her child when her mother and stepfather adopted the child in 1999 at age four, wins her appeal of a trial court order declaring void, for lack of subject matter jurisdiction, a ...

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