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Tag Archives: Judge D. Arthur Kelsey

Search & Seizure – Probable Cause – Suspected Drug Sale (access required)

An experienced narcotics officer’s observation of defendant engaging in a hand-to-hand transaction involving what appeared to be crack cocaine was part of the total circumstances that provided probable cause to arrest defendant and search his vehicle, and the Court of ...

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Criminal – Firearm Purchase Form – False Statement – Scienter (access required)

The en banc Court of Appeals upholds defendant’s conviction under Va. Code § 18.2-308.2:2 for making a false statement on a firearm purchase form, for defendant’s response of “no” to a query whether he was under any felony indictment, after ...

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Search & Seizure – Traffic Stop – Crossing Double-Yellow Line (access required)

Although defendant alleged police officers wanted to search for drugs when they stopped his vehicle for crossing a double-yellow line, requested identification, asked to search and brought out a drug dog, the objective facts authorized the officers to stop the ...

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Search by police posing as home buyers was not illegal (access required)

The Court of Appeals of Virginia refused to overturn a felon-in-possession conviction of a Shenandoah County man where police confirmed the presence of guns and ammo by pretending to be home buyers taking a tour of the house. Authorities got ...

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10 seek seat on high court (access required)

Ten candidates, including four members of the Virginia Court of Appeals, have told the Virginia State Bar they are interested in filling the vacancy on the Supreme Court of Virginia that will be created by the retirement of Justice Lawrence ...

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Criminal – Evidence – VCIN Report – Prior Convictions (access required)

The Court of Appeals upholds defendant’s conviction of possession of heroin with intent to distribute, third or subsequent offense, based on evidence that included a report obtained from the Virginia Criminal Information Network as evidence of his prior convictions. First, ...

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Criminal – Attempted Rape – Jury Instruction – Lesser-Included Offense (access required)

A defendant who agreed to jury instructions that included finding instructions on both attempted rape and assault and battery cannot on appeal challenge his conviction for assault and battery on the ground that it is not a lesser-included offense of ...

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