Quantcast
Home / 2007 / November (page 13)

Monthly Archives: November 2007

Criminal – Habeas Petition – Capital Case – Ineffective Assistance (access required)

The Supreme Court of Virginia dismisses a habeas petition filed by Virginia death-row defendant convicted of one count of capital murder and one count of first-degree murder, finding no merit in any of petitioner’s myriad claims that he suffered ineffective ...

Read More »

Criminal – Joinder – Multiple Offenses (access required)

A circuit court abused its discretion in granting the commonwealth’s motion to have a defendant tried at the same time for nine robberies and other related crimes, which were based on incidents involving different victims that occurred in various locations ...

Read More »

Criminal – Jury Deliberations – Interpreter Request – Ex Parte Contact (access required)

A defendant’s conviction for aggravated sexual battery should have been upheld even though court personnel had ex parte contact with a juror when he denied a request during deliberations for a Spanish-language interpreter for defendant’s police interview; the ex parte ...

Read More »

Criminal – Other Crimes Evidence – Impeachment (access required)

At defendant’s trial for cocaine distribution as a principal in the second degree, the trial court erred in admitting evidence of a subsequent crime committed by defendant in order to impeach her testimony during cross-examination. An identified confidential informant undertook ...

Read More »

Criminal – Restitution – Security System Expense (access required)

In sentencing defendant for statutory burglary and grand larceny of a Roanoke tax service business, the trial court erred in ordering defendant to cover the expenses of the business owner’s installation of a security system as a condition of restitution. ...

Read More »

Criminal – Sentencing – Opinion Evidence – Plethysmograph Testing (access required)

In a case of first impression, the Supreme Court of Virginia reverses a lower court decision upholding admission of opinion evidence based upon plethysmograph testing at defendant’s sentencing for forcible sodomy of a child under age 13, and remands the ...

Read More »

Criminal – Traffic Offenses – Suspended Sentence – Child Support Condition (access required)

A defendant convicted of driving after being found an habitual offender can be ordered to submit to court-ordered child support as a condition of suspending his sentence on the traffic offense. Defendant argues the child support condition of the sentencing ...

Read More »