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Author Archives: Deborah Elkins

Criminal – Sexually Violent Predator – Civil Commitment – Intent To Defile (access required)

Although the commonwealth’s initial petition seeking civil commitment of appellant as a Sexually Violent Predator cited a charge for attempted forcible sodomy, for which defendant was not incarcerated, amendment of the petition to cite appellant’s conviction of abduction with intent ...

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Criminal – Miranda Warning – Public Safety Exception – Loaded Gun (access required)

The Virginia Supreme Court says the “public safety” exception to the Miranda rule allows a trial court to admit into evidence defendant’s response to an officer’s question about whether a gun was loaded, when the officer found the gun, which ...

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Criminal – Juvenile – Mandatory Minimum Sentence – Cousins’ Sentences (access required)

A juvenile tried as an adult and found guilty of a crime with a mandatory minimum sentence may not be sentenced to a juvenile disposition, pursuant to Va. Code § 16.1-272, rather than the mandatory minimum sentence, the Supreme Court ...

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Criminal – Waiver – Sufficiency – Motion To Strike (access required)

The Supreme Court of Virginia affirms the intermediate appellate court’s application of Rule 5A:18 to refuse review of a defendant’s appellate claim that there was insufficient evidence to convict him of abduction with intent to defile; distinguishing two closely related ...

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