Defendant Invited Error for Leniency

Felony Eluding is Separate Offense

By Deborah Elkins
Published: October 4, 2012
Tags: Criminal, Judge Glen A. Huff, Virginia Court of Appeals

A defendant who pleads guilty to reckless driving in general district court is not entitled to set aside his conviction for felony eluding on double jeopardy grounds; the Court of Appeals says Va. Code § 19.2-294 does not bar simultaneous prosecutions and the offenses involved are separate requiring proof of different facts. A police officer [...]

Cashier’s List of Stolen Items Inadmissible

By Deborah Elkins
Published: September 17, 2012
Tags: Criminal, Judge Glen A. Huff, Virginia Court of Appeals

A woman’s conviction of felony shoplifting is reversed because the trial court erred in admitting the commonwealth’s exhibits of a list of items stolen from a Family Dollar Store, prepared by a cashier with the store manager’s help, on the testimony of the manager alone; defendant’s Sixth Amendment rights were violated because she did not [...]

‘Silent Witness’ Surveillance Video Admissible

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge Glen A. Huff, Virginia Court of Appeals

A store manager’s testimony based on a store surveillance video was not inadmissible hearsay and the Court of Appeals affirms defendant’s conviction of grand larceny for stealing a Dyson vacuum cleaner from a Bed, Bath & Beyond Store Although this court has not previously addressed whether a witness’s testimony as to the contents of a [...]

Door Opened, But Defendant Broke In

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge Glen A. Huff, Virginia Court of Appeals

A defendant’s conviction for statutory burglary with intent to commit assault and battery will stand, even though he claims he was admitted to the victim’s home after ringing the doorbell, where he proceeded to beat up the victim for “talking smack at the bus stop”; the Court of Appeals says defendant broke into the residence [...]

Medical Records Returned to Chambers

By Deborah Elkins
Published: July 5, 2012
Tags: Domestic Relations, Judge Glen A. Huff, Virginia Court of Appeals

In this case seeking a change in custody/visitation, the Court of Appeals says the trial court did not err in granting a voluntary nonsuit, denying a motion for sanctions and granting a motion for return of medical records to chambers. In the present case, the question of whether a party is entitled to a nonsuit [...]

Husband Must Buy Annuity for PSA Violation

By Deborah Elkins
Published: July 5, 2012
Tags: Domestic Relations, Judge Glen A. Huff, Virginia Court of Appeals

A husband whose failure to designate wife as a beneficiary of his military survivor benefit plan violated a property settlement agreement incorporated into the parties’ final divorce decree must purchase an annuity for wife, as the Court of Appeals upholds a trial court decision finding husband in contempt and orders husband to pay wife’s attorney’s [...]

Court Upholds DUI After Checkpoint Flight

By Deborah Elkins
Published: July 5, 2012
Tags: Judge Glen A. Huff, Traffic Offenses, Virginia Court of Appeals

There was sufficient evidence to convict defendant of driving under the influence, third offense within 10 years, based on his conduct evading a traffic checkpoint, subsequent flight from his home and discovery 15 minutes later with the appearance of having been drinking, which he admitted; the Court of Appeals upholds defendant’s conviction under Va. Code [...]

No La. Transfer for Support Case

By Deborah Elkins
Published: May 8, 2012
Tags: Domestic Relations, Judge Glen A. Huff, Virginia Court of Appeals

Although a divorced couple and their witnesses currently all reside in Louisiana, the Court of Appeals says the trial court erred in transferring jurisdiction over husband’s motion to amend his monthly $5,250 spousal support order to a Louisiana court. Wife contends the circuit court erred in declining to exercise jurisdiction over the appeal and in [...]

Contractor’s Service of Appeal Met Rule

By Deborah Elkins
Published: May 8, 2012
Tags: Administrative, Judge Glen A. Huff, Virginia Court of Appeals

In a contractor’s appeal of a license revocation by the Virginia Board for Contractors, the circuit court erred in holding that it was divested of jurisdiction over the appeal due to defective service of the petition for appeal on the agency secretary; the Court of Appeals says the contractor complied with Rule 2A:4 and service [...]