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Monthly Archives: July 2008

Criminal – Venue – Stolen Property Receipt (access required)

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 ...

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Criminal – Failure To Appear – Willfulness – Incarceration (access required)

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. ...

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Criminal – Pandering – Jury Instruction (access required)

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 ...

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Criminal – CCE – Crack Cocaine Ring – Cocaine Base (access required)

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 ...

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Search & Seizure – Traffic Safety Checkpoint – Crack Pipe (access required)

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 ...

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Criminal – Mistrial Motion – Murder – Polygraph Questions (access required)

The Court of Appeals says that at defendant’s murder trial, the trial court did not err in refusing to declare a mistrial after repeatedly sustaining defense objections to a persistent prosecutor’s attempts to suggest to the jury that federal drug ...

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