‘Unsigned’ Order OK as Predicate Conviction 
By Deborah Elkins
Published: March 8, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals
A defendant cannot overturn his conviction for domestic assault and battery, third offense, with a claim that the trial court should not have received into evidence an unsigned order documenting one predicate offense; the Court of Appeals says there is sufficient evidence to support defendant’s third domestic assault conviction. Virginia Code § 17.1-123(A) says an [...]
Criminal – Speedy Trial – Va. Statute – No Order
By Deborah Elkins
Published: January 6, 2011
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals
Although defendant argues he was not tried on a charge of malicious wounding within five months of his preliminary hearing, as required by Va. Code § 19.2-243, the Court of Appeals finds no speedy trial violation because defendant did not object to the date set for trial before the date occurred. Defendant’s failure to object [...]
‘Deferred judgment’ practice on hold
By Peter Vieth
Published: December 20, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge James W. Haley Jr., Judge Jan L. Brodie, Supreme Court of Virginia News, Virginia Court of Appeals News
Getting a court to defer judgment may be the best a lawyer can do for a particular criminal client. But in some kinds of cases, that option has been in limbo for the last few years. Lawyers are watching closely to see if the Supreme Court of Virginia will rule on the subject at the [...]
Domestic Relations – Termination Of Parental Rights – Ineffective Assistance
By Deborah Elkins
Published: December 20, 2010
Tags: Domestic Relations, Judge James W. Haley Jr., Virginia Court of Appeals
Even assuming this is the proper forum to address a question of ineffective assistance of counsel for a parent facing termination of parental rights, we cannot do so here as a transcript of the proceedings was not made part of the record; as the evidence for termination of rights, pursuant to both Va. Code §§ [...]
Administrative – ABC License – Preserving Issues
By Deborah Elkins
Published: December 3, 2010
Tags: Administrative, Judge James W. Haley Jr., Virginia Court of Appeals
The Court of Appeals upholds a circuit court decision that affirmed revocation of an ABC license for “Smitty’s Place” in Amherst County. In the trial court, as well as here, Smitty’s substantively challenged the violations by raising issues of statutory interpretation. Since Smitty’s conceded the violations before the board, seeking only mitigation in punishment, and [...]
Administrative – Child Abuse Finding – GAL Appeal
By Deborah Elkins
Published: October 28, 2010
Tags: Administrative, Judge James W. Haley Jr., Virginia Court of Appeals
The Court of Appeals will not consider a teenage mother’s appeal, by her guardian ad litem of a trial court finding that her daughter met the definition of an abused or neglected child under Va. Code § 16.1-228, as the mother is not an aggrieved party within the meaning of Va. Code § 17.1-405. The [...]
Criminal – Construction Fraud – Furnace Replacement
By Deborah Elkins
Published: October 8, 2010
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals
The Court of Appeals affirms defendant’s conviction for construction fraud in violation of Va. Code § 18.2-200.1, despite his claims that the evidence did not show he acted with fraudulent intent and the trial court admitted evidence that a letter was sent by certified mail without documentation showing a certified mailing. At trial, the buyer [...]
Criminal – Robbery – Conspiracy – Plea Agreement
By Deborah Elkins
Published: October 8, 2010
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals
A defendant who pleaded guilty to conspiracy to commit robbery, also can be separately convicted of the same robbery; the Court of Appeals rejects defendant’s claim that the commonwealth violated the terms of her plea agreement by obtaining a new indictment for robbery, and that the new robbery indictment violated the constitutional prohibition against multiple [...]
Criminal – Construction Fraud – Materials Advance
By Deborah Elkins
Published: October 8, 2010
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals
A contractor cannot overturn his conviction for construction fraud under Va. Code § 18.2-200.1 by claiming he only received a cash advance for supplies, not for labor; the Court of Appeals holds a person receiving an advance for supplies obtains an advance under this statute where the advance comes as a result of, or because [...]
Criminal – Perjury – Witness Question – Bias
By Deborah Elkins
Published: September 16, 2010
Tags: Criminal, Judge James W. Haley Jr., Virginia Court of Appeals
A defendant cannot challenge her perjury conviction because she failed to proffer how two police officers would testify, had she been allowed to question the officers and another witness concerning the potential bias of the two officers, and the Court of Appeals upholds her conviction under Va. Code § 18.2-434. When the court refused to [...]
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