Criminal | Virginia Lawyers Weekly

Conviction After Missed Drug Tests

By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for felony methamphetamine possession after finding defendant failed to comply with his plea agreement in not submitting to two drug tests.
In 2009, defendant was arrested for felony possession of methamphetamine and misdemeanor possession of marijuana with intent to distribute. The charges proceeded separately and defendant appealed his district [...]

Sound Proved Attempted Burglary of Garage

By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Judge Sam W. Coleman III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions for attempted burglary with intent to commit larceny in violation of Va. Code §§ 18.2-91 and 18.2-26 based on homeowner’s testimony that defendant knew the garage contents from visiting his stepdaughter and he heard a metallic rumbling sound when he approached the garage near midnight and [...]

No Extradition on Deficient Documents

By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

A Fairfax Circuit Court denies extradition of petitioner to Florida, as the extradition papers do not accurately state the status of the charges and the alleged offenses, and incorrectly assert that defendant fled Florida to avoid prosecution, when he was on probation and no proof has been offered that he could not leave the state.
In [...]

‘Vulnerable Victim’ Enhancement Approved

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge J. Harvie Wilkinson III

A defendant who, from a Florida jail, appropriated a social security number and identity belonging to a disabled woman in Florida, has her sentence for social security fraud and aggravated identity theft increased under the sentencing guidelines’ “vulnerable victim” enhancement, in this decision from the 4th Circuit.
In 1995, the Sentencing Commission adopted Amendment 521 rendering [...]

Prosecutor’s Comments Not Error

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Henry F. Floyd

A prosecutor’s references to defendants as “liars” was not plain error, in light of precedent from other appellate courts, and the 4th Circuit affirms defendant’s conviction for making a false entry in a bankruptcy-related document.
Defendant was convicted of making, or aiding and abetting his codefendant in making, a false entry in a bankruptcy-related document, in [...]

Comments to Social Worker Not ‘Testimonial’

By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Albert Diaz

Statements made by defendant’s eight-year-old stepson to a social worker about defendant’s abuse were nontestimonial and admission of the statements did not violate defendant’s Confrontation Clause rights under Crawford v. Washington; the 4th Circuit upholds defendant’s convictions of second-degree murder and assault in the death of his stepson.
We are satisfied – after reviewing the child’s [...]

DUI Appeal Procedurally Defaulted

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant is not entitled to reversal of his bench trial conviction for third offense driving under the influence of alcohol on the basis of the inadmissibility of his second offense conviction, the Court of Appeals says; defendant failed to assign error to the admissibility of his second conviction and his brief fails to address the [...]

Dwelling Occupied for Arson

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial conviction of arson of an occupied building under Va. Code § 18.2-77; our cases hold a dwelling is occupied when residents are temporarily absent and the evidence proves defendant and others regularly inhabited the dwelling he burned after his employment was terminated.
Defendant worked as a banquet server [...]

Robber’s Girlfriend Guilty as Principal

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions as principal in the second degree on felony firearm charges, abduction, and robbery of a business; the combination of circumstantial evidence proves defendant aided her boyfriend’s armed robbery of a clothing store and its customers, she knew and shared his intent to use a firearm to [...]

Drug Guilty Plea Binding

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Defendant is not entitled to withdraw his guilty plea after sentencing for cocaine possession based on possible exculpatory evidence, the Court of Appeals says; the trial court made the inquiry required under Boykin v. Alabama, 395 U.S. 238 (1969), and defendant fails to meet the two-part test for withdrawing a guilty plea: a good faith [...]

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