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Home / Opinion Digests / Criminal – Appeals – Rule 5A:12 (access required)

Criminal – Appeals – Rule 5A:12 (access required)

In reviewing a defendant’s challenge to his detention by police, the Court of Appeals cannot “recast” defendant’s arguments concerning his initial detention into a challenge on appeal to the probable cause for his arrest, and the Supreme Court of Virginia reverses the lower appellate court’s decision overturning defendant’s drug conviction and orders reinstatement of the ...