Officer’s Testimony Proved Speeding, DUI

Circumstantial Evidence Proves Counterfeiting

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for possessing 20 counterfeit bills with intent to use them to pay gambling trip expenses; the evidence as a whole shows knowledge and intent—the bills were obviously fraudulent; their quantity, segregation, defendant’s lack of employment and travel destination all support intent to pass the counterfeit money as true. [...]

Objection to Ex Parte Communication Waived

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial conviction for malicious wounding after he failed to timely object to the trial court’s sua sponte written responses to jury questions with no counsel present, the Court of Appeals says; Rule 5A:18 requires a timely objection and we will not sua sponte apply the good [...]

Attempted Murder Not Abduction

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

Evidence sufficient to prove defendant attempted to murder his wife with a shotgun is not sufficient to prove he abducted four other family members present, the Court of Appeals says; no evidence shows defendant detained them with intent to deprive them of their liberty; their fear about what might happen did not prevent them from [...]

Observed Violations Allow Stop

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Walter S. Felton Jr., Virginia Court of Appeals

On commonwealth’s appeal, the Court of Appeals reverses suppression of marijuana and cocaine found on defendant’s person incident to his arrest after he fled from police; the numerous traffic violations the pursuing officer observed provide probable cause regardless of his original erroneous suspicion defendant was a murder suspect at large. One afternoon in February, a [...]

Restitution Amount Remanded

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant convicted of embezzling trust fund payroll taxes cannot be required to repay both the embezzled funds and the unpaid tax liability, the Court of Appeals says; the trial court’s $1.4 million restitution order must be reversed and remanded to determine how the victim impact statement was calculated and how the embezzlement caused the losses. [...]

No Guilty Plea Withdrawal After Colloquy

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Stephen R. McCullough, Virginia Court of Appeals

A defendant was warned in a plea agreement and by the trial court that the court did not have to accept the prosecutor’s recommended sentence of eight years for sexual offenses against an 11-year-old girl that carried possible multiple life terms plus 20 years, and the Court of Appeals affirms the trial court’s denial of [...]

No Prejudice from Rejected Plea Deal

By Deborah Elkins
Published: April 22, 2013
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A defendant is not entitled to post-conviction relief on a claim that his lawyer failed to properly advise him of a chance to take a plea deal; although the Norfolk U.S. District Court is troubled by the public defender’s apparent failure to provide a letter with the formal plea deal and a deadline to defendant [...]

Trademarking Counterfeiting Convictions Vacated

By Deborah Elkins
Published: April 22, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

In their prosecution of two defendants for a scheme to import and resell counterfeit pieces of computer networking equipment, including some with a Cisco Systems trademark, the government’s theory of prosecution based on a “material alteration” theory of counterfeiting trademarks is not cognizable under the criminal counterfeiting statute on the facts of this case, and [...]

Constructive Possession for Cocaine in Tin

By Deborah Elkins
Published: April 17, 2013
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

There was sufficient evidence to convict defendant of cocaine possession based on an officer’s observation of defendant, whom he recognized from a previous encounter, questioned him about his revoked driver’s license, observed a syringe in his waistband, obtained consent to search defendant’s vehicle, and found cocaine residue in a metal tin at defendant’s feet; the [...]