Criminal – Murder – Robbery – Venue Change – Pretrial Publicity 
By Deborah Elkins
Published: November 3, 2008
A trial court did not err in denying defendant a change of venue because of pretrial publicity and defendant’s convictions of first-degree murder, robbery and use of a firearm are affirmed by the Court of Appeals.
During defendant’s second trial on a murder charge, which ended in a hung jury, Josiah Showalter represented the commonwealth. During [...]
Criminal – Arson – Juror’s Hearing Impairment
By Deborah Elkins
Published: November 3, 2008
A trial court did not err in denying defendant’s request for a new arson trial, based on his claim that a juror’s hearing impairment prevented defendant from receiving a fair trial, and defendant’s conviction of setting fire to a house where he had personal property stored but had been denied access is affirmed by the [...]
Criminal – Child Sexual Abuse – Child’s Testimony
By Deborah Elkins
Published: November 3, 2008
Although the fourth-grade girl consistently denied sexual contact with defendant until after he moved out of the home where she lived with others, her detailed testimony of her encounters with defendant and fear that she might “get in trouble” if she told supported defendant’s conviction of aggravated sexual battery in violation of Code § 18.2-67.3, [...]
Criminal – Involuntary Manslaughter – Reckless Driving
By Deborah Elkins
Published: November 3, 2008
The Court of Appeals says there is sufficient evidence to convict defendant of involuntary manslaughter in a traffic accident, including testimony from one of the passengers in the car who observed defendant’s recklessness and excessive speed, a store clerk who observed him peel out from the convenience store parking lot and running another vehicle off [...]
Search & Seizure – Suppression Order Reversal – Probable Cause
By Deborah Elkins
Published: November 3, 2008
Police had probable cause to arrest defendant after they seized a handgun found on the seat of the vehicle defendant had walked away from when officers first approached him after having been told by a citizen he thought the man had a gun, and the Court of Appeals reverses the order suppressing the firearm found [...]
Criminal – Voluntary Manslaughter – Self-Defense
By Deborah Elkins
Published: November 3, 2008
Although there was evidence the victim had threatened defendant with a baseball bat earlier at another location, there nevertheless was not sufficient evidence that defendant, prior to firing the fatal shot at the victim, reasonably feared that the victim would kill him or cause him serious bodily harm, and the Court of Appeals affirms defendant’s [...]
Criminal – Malicious Wounding – Protective Order- 911 Call – Rule 5A:18
By Deborah Elkins
Published: November 3, 2008
A defendant convicted of aggravated malicious wounding of his former girlfriend and violation of a protective order cannot challenge admission of recorded 911 calls as unduly prejudicial because he failed to raise this issue in the trial court, the Court of Appeals says.
Defendant never objected at trial to the 911 calls as unduly prejudicial. His [...]
Criminal – Attempted Robbery – Juvenile – Transfer Hearing
By Deborah Elkins
Published: November 3, 2008
A defendant’s convictions of attempted robbery and use of a firearm are affirmed by the Court of Appeals despite his claim that the trial court erred in refusing to dismiss the charges against him on the ground he was not provided an adjudicatory or transfer hearing within the requisite 120-da period under Va. Code § [...]
Criminal – Indictment Nolle Prosequi – ‘Good Cause’ – Preliminary Hearing Avoidance
By Deborah Elkins
Published: November 3, 2008
The en banc Court of Appeals affirms a trial court decision allowing prosecution for assault on an officer of a defendant originally arrested on a warrant for DUI and felony assault upon an officer, under a direct indictment after dismissal of the earlier charges; the court rejects defendant’s claim that the direct indictment violated her [...]
Administrative – Franchise Act – VW Passats & Beetles – Commerce Clause
By Deborah Elkins
Published: November 3, 2008
The Court of Appeals affirms a circuit court judgment upholding the decision by the Commissioner of Motor Vehicles that Volkswagen of America violated Va. Code § 46.2-1569(7) during the period from October 1997 through March 1998, when it failed to ship any newly introduced Passats or New Beetles to Miller Auto Sales Inc., a Winchester [...]
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