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Monthly Archives: January 2009

Criminal – Robbery – Burglary – Firearm Use – Rule 5A:18 (access required)

A defendant convicted of multiple burglary, robbery and firearm offenses has his convictions affirmed by the Court of Appeals, which cannot consider his due process claims that were not raised in the trial court. Defendant argues on appeal that he ...

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Criminal – Out-Of-Court ID – Aggravated Malicious Wounding (access required)

Although a shooting victim failed to identify defendant from a photo spread hours after the shooting, the Court of Appeals upholds admission of defendant by the victim from a live lineup nearly a year after the shooting, and defendant’s aggravated ...

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Criminal – Statutory Burglary – Larcenous Intent (access required)

A witness who observed defendant walk up the driveway and enter a house next door, which belonged to the witness’s uncle whom the witness knew was not at home, and saw defendant inside the house with an object in his ...

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Criminal – Assault – Overt Act (access required)

There was insufficient evidence to convict defendant of assault based on her act of twice approaching a school bus and threatening to “get” the driver after calling her a “bitch,” and the Court of Appeals reverses defendant’s assault conviction. Here, ...

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Search & Seizure – Auto Search – Appeals – Rule 5A:18 (access required)

A defendant convicted of cocaine possession cannot overturn her conviction on the ground that the search of her vehicle was illegal because the police officer’s declaration that the vehicle was to be inventoried was an improper pretextual basis to search ...

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Domestic Relations – Child Support Guidelines – Downward Deviation (access required)

The Court of Appeals upholds a divorce court’s order allowing a downward deviation of $300 per month from the statutory child support guidelines in this case, based on a requirement in the parties’ property settlement agreement that father pay $100 ...

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Criminal – Firearm Discharge – School Proximity (access required)

The Court of Appeals affirms defendant’s conviction for discharge of a firearm within 1,000 feet of the property line of a school, for firing a gun 795 feet from church premises leased by The LEAD Center Ltd., which operates a ...

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Opening Round: Assembly begins with impasse (access required)

Whether members of the General Assembly will use the Supreme Court’s judicial evaluation reports in reelecting judges remains in question after chairmen of the House and Senate Courts of Justice Committees said last week they will not unseal the reports ...

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Attorneys – Appeals – Rule 5A:18 – Plenary Contempt (access required)

On rehearing en banc, the Court of Appeals says two lawyers and a law clerk failed to preserve their claim that the trial court deprived them of due process rights associated with plenary contempt, as appellants did not object in ...

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