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Monthly Archives: May 2009

Criminal – Felon In Possession – Miranda Warnings (access required)

A defendant’s conviction of possession of a weapon as a convicted felon is affirmed by the Court of Appeals despite his claim that the commonwealth failed to prove he timely received Miranda warnings. Defendant argues he was caught by surprise ...

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Criminal – Receiving Stolen Property – Knowledge Of Status (access required)

The Court of Appeals reverses a defendant’s conviction for receiving stolen property in violation of Va. Code §§ 18.2-59 and 18.2-108 and remands the case for further proceedings because the trial judge, in announcing a guilty verdict during a bench ...

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Criminal – Aggravated Sexual Battery – Touching ‘Intimate Parts’ (access required)

A 13-year-old girl’s description of defendant’s conduct as “riding on” her and “moving up and down” in such a manner that she could not get up did not provide sufficient evidence to convict defendant of aggravated sexual battery for forcing ...

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Criminal – Child Molestation – Prior Complaint (access required)

A man accused of sexually abusing his nine-year-old daughter loses his appeal claiming the trial court erred in refusing to admit evidence of the child’s prior complaint of sexual abuse by another man, in a Court of Appeals decision affirming ...

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Workers’ Comp – Truck Driver TBI – Cause Of Accident (access required)

The Court of Appeals upholds medical benefits for a truck driver who suffered a traumatic brain injury when he lost control of his tractor-trailer and it left the road; the employer cannot use the rule of Massie v. Firmstone to ...

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Criminal – Statutory Burglary – Attached Garage – Open-Door Entry (access required)

A defendant who entered a dwelling house through an open garage door cannot be convicted of statutory burglary, the Court of Appeals says in reversing defendant’s conviction on that charge; however, defendant’s complaint that the jury verdict form improperly referenced ...

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Criminal – Sentencing – Confrontation Clause – Crawford Analysis (access required)

Although Crawford v. Washington changed the way courts must analyze claims under the Confrontation Clause, neither Crawford nor its progeny have expanded the scope of the right of confrontation to sentencing hearings, and the Court of Appeals rejects defendant’s assertion ...

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