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Monthly Archives: March 2009

REHEARINGS GRANTED (access required)

On Feb. 20, 2009, the Virginia Court of Appeals granted rehearing en banc in Bly v. Commonwealth No. 2948-07-3, VLW 009-7-004). The panel opinion decided Jan. 13, 2009, which has been vacated, reversed a defendant’s convictions for possession of with ...

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Criminal – Appeals – Rule 5A:18 (access required)

A defendant convicted of cocaine distribution failed to preserve for appeal his claim that the trial court erred in refusing to permit him to cross-examine a prosecution witness about certain details of pending charges against that witness, and the Court ...

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Criminal – Employer’s Bank Account – Unauthorized Payment (access required)

The Court of Appeals affirms defendant’s conviction of grand larceny in violation of Va. Code § 18.2-95 despite his claim the evidence was insufficient to prove he made unauthorized payments from his employer’s bank account. Cason v. Commonwealth (Annunziata, J.) ...

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Criminal – Robbery Intent – Body Armor (access required)

A defendant who went to an acquaintance’s apartment, ostensibly to seek an apology from the occupant who had called defendant’s female acquaintance “a bitch,” but who wore body armor and carried brass knuckles and a gun, and was accompanied by ...

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Criminal – Murder – Insanity Defense – In Limine Motion (access required)

Prior to defendant’s trial for two counts of capital murder, the trial court did not err in denying the commonwealth’s motion in limine to preclude defendant, who had a history of mental illness, from presenting an insanity defense; the Court ...

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Criminal – Suspended Sentence – Revocation (access required)

The Court of Appeals upholds a trial court order that revoked suspension of six years of defendant’s previously suspended nine-year & six-month sentence, for a variety of property crimes. Upon his original conviction, the trial court ordered defendant to serve ...

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Criminal – Carnal Knowledge – Defendant’s Age (access required)

There was sufficient evidence to conclude defendant was over 18 years old at the time of the offense, based on his response to a trial judge’s question about his birth date at arraignment, and the date of the offense in ...

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Domestic Relations – Equitable Distribution – Classification (access required)

A divorce court did not err in classifying a parcel of land purchased by the couple during the marriage as hybrid property and in assessing the value of husband’s separate interest in the land, and the Court of Appeals upholds ...

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Domestic Relations – Protective Order – Child’s School Records (access required)

The Court of Appeals cannot hear a father’s appeal of an emergency protective order that barred him from receiving school and medical records about his child, who was removed from the home at a young age due to his parents’ ...

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