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Monthly Archives: May 2008

Criminal – Police Checkpoint – Outstanding Warrant – Search Incident (access required)

Police who stopped defendant at a roadblock set up to check the driver’s license and motor vehicle registration of every vehicle that passed through an intersection in Martinsville, and who discovered an outstanding warrant for defendant’s arrest, could lawfully seize ...

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Criminal – Receiving Stolen Property – Defendant’s Knowledge (access required)

A woman’s written confession stating she knew the man with whom she lived, who was breaking into cars, was bringing stolen property into their apartment, was sufficient to support her conviction for receiving stolen property, despite her effort to recant ...

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Criminal – Appeals – Proffer Of Witness Answer (access required)

A defendant cannot pursue on appeal his claim the trial court should have allowed him to question a prosecution about what benefit he expected to receive from his testimony at trial, because defendant failed to proffer the answer he expected ...

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Criminal – Meth In Manila Envelope – Conspiracy To Distribute (access required)

A witness who observed another woman put two ounces of methamphetamine and cash into a manila envelope, tape it closed and give it to defendant, who said someone would have to kill her to get it, provided sufficient evidence that ...

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Criminal – Felony Eluding – Fifth Amendment – Prosecutor Comment (access required)

A prosecutor’s comment during closing argument about defendant not offering an explanation why he was hiding from police when he was discovered under a pile of laundry in the laundry room of his girlfriend’s mother’s house, was not an impermissible ...

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Criminal – Murder – Robbery – Defendant’s Statements (access required)

A defendant’s status as a 14-year-old at the time he confessed to robbing and murdering his uncle, along with two other teenage accomplices, was not a basis for refusing to admit his statements to police, the Court of Appeals holds. ...

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Search & Seizure – Marijuana – Purse In Vehicle (access required)

A trial court did not err in suppressing marijuana found in a knotted plastic baggie in defendant’s purse, located in her vehicle, evidence obtained in violation of defendant’s Fourth Amendment rights, according to the Court of Appeals. We agree with ...

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Criminal – Identification – Suggestive Show-Up (access required)

A defendant who did not claim in his brief that the trial court erred by allowing a robbery victim to identify defendant in court and conceded at oral argument that he was not challenging admission of the in-court identification on ...

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Search & Seizure – Untimely Motion – Felon In Possession (access required)

A defendant’s letter to the trial court asking for a telephone conference “about scheduling motions” and “discussing a continuance” were not sufficient to timely allow consideration of defendant’s motion to suppress, the Court of Appeals holds. Here, on the scheduled ...

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