Criminal – Appeals – Rule 5A:18 – Confrontation Clause 
By Deborah Elkins
Published: July 21, 2008
The Court of Appeals does not consider defendant’s claim that the trial court denied his Sixth Amendment rights when it refused to allow the defense to cross-examine a night-club security guard who witnessed the events leading up to the charged assault and battery, because he failed to provide a basis for his questions other than [...]
Domestic Relations – Termination Of Parental Rights – Child’s Mental Illness
By Deborah Elkins
Published: July 21, 2008
The Court of Appeals holds that termination of a mother’s parental rights was in the best interest of her child, whose previously violent behavior had escalated to preparing to act upon suicidal ideation, after a prior suicide attempt, and mother continued to refuse services for herself and the child.
The mother, who was mildly mentally retarded [...]
Criminal – Venue – Stolen Property Receipt
By Deborah Elkins
Published: July 21, 2008
The Court of Appeals reverses a defendant’s conviction for receipt of stolen property in violation of Va. Code § 18.2-108 because the record does not show that defendant, a passenger in a stolen vehicle, exercised any measure of dominion or control over the stolen Honda or otherwise asserted a possessory interest in the car in [...]
Criminal – Failure To Appear – Willfulness – Incarceration
By Deborah Elkins
Published: July 21, 2008
Although defendant claims his failure to appear on breaking and entering charges was not willful because he was arrested when he traveled to New York without permission from his bail bondsman, the Court of Appeals upholds his conviction under Va. Code § 19.1-218(B).
We hold evidence in addition to the bare fact of defendant’s incarceration in [...]
Domestic Relations – Termination Of Parental Rights – Mom’s Mental Illness
By Deborah Elkins
Published: July 21, 2008
The Court of Appeals affirms termination of a mother’s parental rights despite her claim the Department of Social Services did not try hard enough to locate relatives to care for her child, or to assist the mother with rehabilitative social services.
The mother suffered from schizophrenia and bipolar disorder and the child was removed due to [...]
Criminal – Pandering – Jury Instruction
By Deborah Elkins
Published: July 21, 2008
A defendant is convicted of pandering for accepting money from a 16-year-old runaway girl who supported herself and defendant with her earnings from prostitution; his conviction under Va. Code § 18.2-357 is affirmed by the Court of Appeals despite his claim the trial court erred in refusing his jury instruction stating the commonwealth was required [...]
Criminal – CCE – Crack Cocaine Ring – Cocaine Base
By Deborah Elkins
Published: July 21, 2008
An amendment to defendant’s indictment charging him with operation of a continuing criminal enterprise for the distribution of cocaine base to change the quantity of drugs at issue from at least 2.5 to less than 5 kilograms, to at least 5 kilograms, did not violate defendant’s rights and his CCE conviction and life-prison sentence is [...]
Criminal – Cocaine Possession – Prosecution Threat – Defendant’s Sister
By Deborah Elkins
Published: July 21, 2008
A police threat to prosecute defendant’s sister for possession of the cocaine found in the green SUV in which police found drugs unless defendant confessed did not amount to a coercion of his statement that would require suppression, the Court of Appeals holds.
At a hearing on the motion to suppress, defendant testified that because the [...]
Search & Seizure – Traffic Safety Checkpoint – Crack Pipe
By Deborah Elkins
Published: July 21, 2008
A driver who was ordered to the side of the road after an officer observed a defective brake light at a safety checkpoint, and whose vehicle was subjected to a drug dog, loses her appeal of her conviction for cocaine possession after police discovered a crack pipe in her purse in the car, in a [...]
Criminal – Right To Counsel – Rape Instruction – ‘Intimidation’
By Deborah Elkins
Published: July 21, 2008
A rape suspect who voluntarily showed up at the police station, initialed a waiver of his Miranda rights, then said, “Right, and I’d really like to talk to a lawyer because this – oh my God, oh, my Jesus, why?” did not clearly and unambiguously invoke his Fifth Amendment right to counsel and his conviction [...]
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