Quantcast
Home / 2007 / June (page 22)

Monthly Archives: June 2007

Criminal – A&B On Police Officer – Obstruction Of Justice (access required)

Even assuming police entrance into a private residence to arrest defendant for public intoxication, for which they had probable cause, violated the Fourth Amendment, defendant would not be entitled to have evidence of his resistance to arrest suppressed. We considered ...

Read More »

Criminal – Attempted Carjacking – Firearm Use (access required)

Based on testimony of a woman who was a passenger in a vehicle that defendant attempted to take from the driver at gunpoint, there was sufficient evidence to convict defendant of attempted carjacking. The passenger testified that the driver drove ...

Read More »

Criminal – Cocaine Distribution – Circumstantial Evidence (access required)

There was sufficient circumstantial evidence to convict defendant of distribution of cocaine sold to an undercover buyer. Here, the target of the undercover drug buy directed the informant to defendant’s address, took the designated marked money from the informant, entered ...

Read More »

Criminal – Credit Card Theft – Intent (access required)

A defendant who entered the home of an elderly man for whom he had performed work in the past and struck him on the head and took the victim’s guitar and his leather coat and his wallet with $185 in ...

Read More »

Criminal – Failure To Appear – Notice To Defendant (access required)

A defendant who presented no evidence that he did not receive the subpoena or the notice it contained and testified that he moved from the address he twice gave as his residence on recognizance forms, is convicted of felony failure ...

Read More »

Criminal – Probation Revocation – Drug & Burglary Offenses (access required)

Although defendant contends he was not on probation at the time of the charged probation violation, the trial court order revoking defendant’s probation and suspended sentence is affirmed. Here, the original sentencing order on statutory burglary and cocaine convictions entered ...

Read More »

Criminal – Rule 5A:18 – Gang Participation – Malicious Wounding (access required)

A defendant who objected in the trial court that the prosecutor’s opening statement was “argumentative,” cannot raise on appeal the issue that the prosecutor should not have made policy statements about the need for public action on the “gang problem.” ...

Read More »

Criminal – Sexual Abuse Of Minor – Controlled Substance Distribution (access required)

A woman’s convictions of sexual offenses and distribution of a controlled substance to her 12-year-old daughter, arising from her participation in the sexual abuse of the daughter by the woman’s boyfriend, are affirmed, despite the woman’s claim that her evidence ...

Read More »

Criminal – Statutory Rape – Aggravated Sexual Battery (access required)

There was sufficient evidence to convict defendant of aggravated sexual battery and statutory rape of a complaining witness less than 13 years old, based on the witness’s testimony that defendant got on top of her, kissed her and intentionally touched ...

Read More »

Domestic Relations – Appeals – Rule 5A:20 (access required)

A wife’s eight-question challenge to the trial court’s equitable distribution and child support rulings cannot be considered on appeal; the appeal is dismissed for wife’s failure to comply with the requirements of Rule 5A:20(d). Wife set forth no statement of ...

Read More »