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Author Archives: Deborah Elkins

Traffic Offenses – Appeals – Rule 5A:18 (access required)

The Court of Appeals declines to apply the “ends of justice” exception to excuse defendant from failing to object to a jury instruction at his trial for driving on a suspended license. Here, the trial court neglected to instruct the ...

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Criminal – Grand Larceny – Indictment Amendment (access required)

The Court of Appeals affirms defendant’s conviction for grand larceny of money from his wife’s separate bank account by unauthorized use of her computer password, because the record does not support his claim that the trial court allowed an amendment ...

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Criminal – Brady Claim – In Camera Review Request (access required)

The Court of Appeals says a trial court did not err in denying defendant’s request for an in camera review of a police file following the trial court’s determination that there had been a Brady v. Maryland violation in the ...

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Rehearing Granted (access required)

On May 12, 2009, the Virginia Court of Appeals granted rehearing en banc in Roseborough v. Commonwealth, No. 2377-07-4, VLW 009-7-079. The court vacated the panel opinion of Feb. 24, 2009, in which a defendant who appeared intoxicated at a ...

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Criminal – Probation Violation – Full Faith & Credit (access required)

An Ohio court did not have jurisdiction to adjudicate the merits of whether defendant violated the terms and conditions of his Virginia probation and to impose a sentence for that violation, and the Court of Appeals rejects defendant’s claim that ...

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Criminal – Drug Possession Near School – Double Jeopardy (access required)

Prosecution of defendant in two separate counts for possession of cocaine, and possession of marijuana, both within 1,000 feet of school property, does not violate the prohibition against double jeopardy, the Court of Appeals holds. Defendant argues that the gravamen ...

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Criminal – Assault – Threatening Words (access required)

A school cafeteria worker can be convicted of assault based on her action of twice approaching a school bus and threatening to “get” the driver after calling her a “bitch,” the Court of Appeals holds on rehearing en banc. The ...

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Criminal – Habeas Corpus – Capital Murder (access required)

In this case involving murder-for-hire of a drug dealer, the 4th Circuit orders the district court to review potentially exculpatory evidence as the Virginia death-row defendant wins reversal of denial of his habeas claims under Brady v. Maryland and Giglio ...

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Criminal – Conflict Of Interest – Attorney Payment (access required)

A district court did not abuse its discretion in disqualifying the defense lawyer for a defendant charged with fraud and aggravated identity theft in stealing debit card and PIN numbers from hundreds of customers at a Virginia gas station, as ...

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