Forged Checks Proved Burglary

No Jury Trial for Treatment Petition

By Deborah Elkins
Published: April 25, 2013
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A patient who has been in a state psychiatric hospital since he was found not guilty of malicious wounding by reason of insanity was not entitled to have a jury decide whether he should be required to undergo psychiatric and medical treatment against his will under Va. Code § 37.2-1101, the Court of Appeals says. [...]

Police Entry at ‘Home Study’ Visit Illegal

By Deborah Elkins
Published: April 22, 2013
Tags: Judge D. Arthur Kelsey, Search & Seizure, Virginia Court of Appeals

Police called as backup when a social worker planned to visit defendant’s home to conduct a custody-related home study did not have probable cause to enter defendant’s home and the marijuana and guns found in plain view in the home should have been suppressed, the Court of Appeals says, as it reverses defendant’s conviction for [...]

Agency Wins Provider Reimbursement Case

By Deborah Elkins
Published: April 22, 2013
Tags: Administrative, Judge D. Arthur Kelsey, Virginia Court of Appeals

The Court of Appeals affirms a decision requiring a mental health services provider under contract to receive Medicaid payments to reimburse DMAS for services provided by four employees who did not have properly documented qualifications. The Virginia Department of Medical Assistance Services entered into an agreement with appellant Family Redirection Institute Inc. (FRI) to provide [...]

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 [...]

Stalker Convicted of Computer Harassment

By Deborah Elkins
Published: February 21, 2013
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A defendant who repeatedly stalked and threatened a young woman for years, starting when she was 17 years old, has his conviction for computer harassment in violation of Va. Code § 18.2-152.7:1 affirmed by the Court of Appeals, along with revocation of his suspended sentence on a prior stalking conviction. Upon a showing of the [...]

Girlfriend’s Blackout Requires Dismissal

By Deborah Elkins
Published: January 11, 2013
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

The Court of Appeals reverses defendant’s bench trial conviction for malicious wounding and dismisses on the basis that the evidence is insufficient as a matter of law: defendant’s girlfriend never testified defendant hit her, attempted or threatened to do so; defendant cannot be held responsible for injuries she sustained after blacking out from drinking alcohol. [...]

Nolle Prosequi Starts New Speedy Trial Clock

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A trial court erred in dismissing on speedy trial grounds indictments charging defendant prison inmate with malicious wounding and assault of a fellow prisoner, and the dismissal order is reversed by the Court of Appeals. Considering two earlier indictments, which had alleged the same criminal conduct and were dismissed by a nolle prosequi order, the [...]

Sentencing Continuance Denial Upheld

By Deborah Elkins
Published: November 19, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

The Court of Appeals says a trial court did not abuse its discretion in denying defendant’s motion for a continuance of a sentencing hearing after she pleaded guilty to voluntary manslaughter in the death of a 10-month-old infant, based on the prosecution’s plan to present expert testimony from the infant’s treating physician. Nothing in the [...]

Police-Altered Photo Not ‘Suggestive’

By Deborah Elkins
Published: November 9, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

Although police enlarged a suspect’s photo to make it the same size as others in a photo array, thereby slightly elongating the suspect’s face, the photo array was not unduly suggestive and the sexual assault victim’s identification of the suspect as her assailant did not have to be suppressed, says the Court of Appeals. On [...]