Quantcast
Home / 2009 / April (page 29)

Monthly Archives: April 2009

Domestic Relations – Termination Of Parental Rights – Remedy Of Conditions (access required)

A trial court did not err in finding that a father was not making substantial progress in remedying the conditions that required continuation of a child’s foster care placement and in terminating the father’s parental rights. The trial court found ...

Read More »

Criminal – Animate Object Penetration – Fraternity Party (access required)

There was sufficient evidence that a woman who consumed at least two “Flaming Dr. Peppers” at a college fraternity party and who was sexually molested by a man who attended the same party and walked away with her across the ...

Read More »

Criminal – Heroin Possession – Informant Tip (access required)

The Court of Appeals affirms defendant’s conviction of heroin possession after his arrest based on a tip from a reliable informant who described defendant to police as an older man wearing bedroom slippers, blue jeans, a gray t-shirt and a ...

Read More »

Search & Seizure – Probable Cause – Cocaine Distribution (access required)

Although the Supreme Court of Virginia says observation of a hand-rolled cigarette is insufficient to provide probable cause to arrest, in this case, the officer actually observed defendant crumble a plant material to roll the cigarette, and the trial court ...

Read More »

Criminal – Unregistered Firearm Silencer – Supremacy Clause (access required)

The Court of Appeals rejects defendant’s claim that Va. Code § 18.2-308.6, violates the Supremacy Clause of the U.S. Constitution, and upholds defendant’s conviction for possessing a firearm silencer not registered to him in the National Firearms Registration & Transfer ...

Read More »

Criminal – Restitution – Contractor’s License – Guilty Plea (access required)

The Court of Appeals applies Rule 5A:18 and holds that defendant did not preserve for appellate review his claim that the trial court accepted his mid-trial plea of guilty to entering into a construction contract without the proper license, without ...

Read More »

Criminal – Felon In Possession – Miranda Rights – Questioning During Cuffing (access required)

Police violated defendant’s rights when they asked him questions while they were handcuffing him without first informing him of his Miranda rights, and his statement should have been suppressed, the Court of Appeals holds. Officers were patrolling in the Gilpin ...

Read More »

Search & Seizure – Entry Into Residence – Protective Sweep (access required)

Police acted illegally in making a protective sweep of a house entered by a man they were pursuing for traffic violations, who jumped from his car, ran toward the house and kicked in the back door, and ultimately was arrested ...

Read More »

Criminal – Grand Larceny – Copper Wire Theft (access required)

There was sufficient evidence to convict defendant, a subcontractor hired to do electrical work and given a confidential combination to unlock a panel box that contained wiring, for stealing copper wire from the job site, the Court of Appeals holds. ...

Read More »