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Home / 2009 / February (page 7)

Monthly Archives: February 2009

Criminal – Knowing Guilty Plea – Shoplifting (access required)

A defendant’s claim disputing the voluntary nature of his guilty plea to shoplifting is barred by Va. Code § 19.2-296 and Rule 5A:18, and that conviction is affirmed by the Court of Appeals; we also find the trial court did ...

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Domestic Relations – Termination Of Parental Rights – Hearsay (access required)

The Court of Appeals upholds termination of a father’s parental rights to a child who was removed from the home after the child suffered two broken ribs at age two months and the father rejected anger management training and other ...

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Search & Seizure – Officer’s Subjective Intent – Proper Standard (access required)

The Court of Appeals reverses a suppression order because the trial court improperly considered a police officer’s subjective intent in ruling on defendant’s motion to suppress, and under the correct standard, the motion to suppress should be denied. Here, the ...

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Criminal – Felony Property Destruction – Truck Vandalism – Repair Cost (access required)

A trial court erred in using a truck owner’s hearsay testimony to establish the fair market cost of repairing the property damage inflicted on the truck, and the Court of Appeals reverses defendant’s conviction of felony property destruction; because there ...

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Administrative – Physical Neglect Finding – Daycare Provider (access required)

Appellant licensed daycare provider loses her Court of Appeals case appealing an order that affirmed a Level 3 founded disposition of physical neglect through inadequate supervision of a five-year-old child that she dropped off at the home of the child’s ...

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Criminal – Grand Larceny – Tire & Rim – Value (access required)

Although the owner of a vehicle testified that three years earlier he had spent $3,100 for four tires and rims for the vehicle, this evidence was insufficient to establish a value of over $200 for the single tire and rim ...

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Criminal – Grand Larceny – Credit Card Theft (access required)

There was sufficient evidence to convict defendant of grand larceny of items from a long-time acquaintance’s purse – including her wallet, checkbook, credit cards and $600 in gift cards – where defendant gained access to her home and was the ...

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Criminal – Embezzlement – Presence At Trial (access required)

The Court of Appeals reverses defendant’s conviction of felony embezzlement because the trial court violated Va. Code § 19.2-259 when it proceeded to try defendant in his absence; the trial court held that defendant had waived his right to be ...

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Search & Seizure – Housing Complex Detention – Trespasser (access required)

A defendant who acknowledged he was not allowed on the property at a housing complex, and who was detained while police checked for outstanding warrants, was not illegally detained and the court did not err in declining to suppress cocaine ...

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Criminal – Cocaine & Firearms – Assault On Officer (access required)

A defendant who volunteered his name and social security number when questioned by police who were patrolling for trespassers at an apartment complex, and who resisted arrest when police within minutes discovered an outstanding warrant for his arrest, has no ...

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