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Monthly Archives: May 2007

Criminal – Cocaine Possession – Certificate Of Analysis (access required)

A defendant convicted of cocaine possession loses his challenge to the admission of a certificate of analysis without the testimony of the person who performed the analysis. Defendant claims admission of the COA violated the Sixth Amendment’s Confrontation Clause. This ...

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Criminal – Felony Failure To Appear – No Transportation (access required)

A defendant who had no driver’s license and was unable to find someone to drive him to court for a court appearance, although he asked his ex-girlfriend, a neighbor and his mother, who had a suspended driver’s license, and who ...

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Search & Seizure – Drug Possession – Reasonable Suspicion (access required)

A defendant’s conviction on a conditional guilty plea to drug possession is reversed because the circumstances preceding the investigator’s attempt to frisk defendant did not create a reasonable suspicion that defendant was armed and dangerous. Nothing in the record indicates ...

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Search & Seizure – Request For Attorney – Gang Graffiti (access required)

Although defendant mentioned wanting to talk to her lawyer during her initial conversation with the detective who telephoned her to talk to her about his investigation of an incident involving gang graffiti, and the detective later visited defendant’s home for ...

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Traffic Offenses – DUI – Mandatory Presumption (access required)

A defendant’s DUI conviction is reversed despite his claim that Virginia’s DUI statutes, Va. Code Sects. 18.2-269 and 18.2-270, are unconstitutional because they create a mandatory presumption, shifting the burden of persuasion to defendant. In this case defendant asks us ...

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Traffic Offenses – DUI – Second Offense – Five- Year Period (access required)

On the narrow issue presented here, we conclude the evidence did not prove that defendant was previously convicted of a second offense of DUI within a five-year period. On May 25, 2005, defendant was convicted of a third DUI within ...

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Traffic Offenses – Reckless Driving – Parking Lot (access required)

A driver in a mall parking lot who struck another driver who was edging out of a parking space so hard that the defendant driver broke the axle of the other driver’s car is guilty of reckless driving in a ...

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