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Tag Archives: Criminal

Sex Crimes Evidence Sufficient Assuming Claim Preserved (access required)

Defendant is not entitled have his bench trial convictions for rape, forcible sodomy and abduction with intent to defile reversed for insufficiency of evidence; witness credibility is a determination for the trier of fact even assuming defendant’s closing arguments preserved ...

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Broken High-Mount Brake Light Supports Traffic Stop (access required)

The Court of Appeals majority reverses the trial court order suppressing evidence from a traffic stop because defendant’s broken high-mount brake light gave police reasonable suspicion defendant was operating his vehicle in violation of Va. Code § 46.2-1003 prohibiting defective ...

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No Dismissal for Inadvertent Destruction of Drug (access required)

A Fairfax Circuit Court refuses to dismiss a felony drug distribution charge because of the inadvertent destruction of the cocaine allegedly sold by defendant and seized by police. Failure to preserve potentially useful evidence does not violate due process unless ...

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No ‘One Free Lawyer’ Rule for Appointed Counsel (access required)

Although a defendant charged with racketeering and drug conspiracy feared his lawyer would “sabotage” his defense after they argued over challenging defendant’s prior convictions, and the district court erred in telling defendant “one lawyer is your free limit,” the district ...

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