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Home / 2009 / September (page 23)

Monthly Archives: September 2009

Traffic Offenses – Speeding – Officer ‘Pacing’ (access required)

The Court of Appeals upholds a reckless driving conviction based on defendant’s speed of 70 mph in a 45-mph zone; contrary to defendant’s claim, Va. Code § 46.2-882, which governs use of speed determination devices, does not prevent the commonwealth ...

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Criminal – Forging Public Document – Public Record (access required)

A defendant who gave a false name when questioned by police about eating a peach at a Kroger store without paying for it can be convicted of multiple counts of forging a public document, despite his claim that the various ...

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Criminal – Grand Larceny – Jury Instruction – Petit Larceny (access required)

Although defendant’s long-time boyfriend testified at trial that she was not involved in the theft of tools from a Home Depot store that the parties later attempted to pawn, and defendant testified that she had nothing to do with the ...

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Criminal – Guilty Plea Withdrawal – Sentencing Guidelines (access required)

The Court of Appeals says a trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea to drug distribution, based on his contention that the sentencing guidelines came out “much higher than expected.” The ...

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Criminal – Robbery – Wearing Mask In Public – Continuance (access required)

At defendant’s robbery trial, the court did not err in denying a continuance to allow defendant to obtain the presence of a witness, as the evidence did not establish that defendant exercised due diligence to obtain the presence of the ...

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Criminal – Grand Larceny – Deferred Finding (access required)

A trial court did not err in ruling it had no authority to defer a finding of defendant’s guilt of grand larceny from the person, the Court of Appeals holds. We conclude the trial court did not abuse its discretion ...

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Domestic Relations – Custody – Wife’s Disability (access required)

A trial court did not err in granting husband sole legal and physical custody of the parties’ two children, in light of wife’s unstable mental condition that led to both voluntary and involuntary commitments to the hospital, and her having ...

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Criminal – Child Molestation – Inconsistent Account (access required)

Although there were inconsistencies in the 11-year-old girl’s account of defendant molesting her, there was sufficient evidence to support defendant’s conviction of object sexual penetration and aggravated sexual battery, the Court of Appeals holds. In the present case, as in ...

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Domestic Relations – Stepdaughter Visitation – ‘Liberty Interest’ (access required)

A father was not estopped from claiming a liberty interest to prevent his ex-wife from having visitation with his daughter, when he previously obtained a court order granting him custody of the child after he allegedly induced appellant to marry ...

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