Shooting Was Excessive Force 
By Deborah Elkins
Published: October 17, 2011
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
The Court of Appeals affirms defendant’s bench trial convictions for involuntary manslaughter and unlawful wounding in the shooting of two brothers; the trial court correctly applies an objective standard of reasonableness in determining defendant used excessive force and rejecting defendant’s plea of self-defense. One day in August 2009, one brother drove downtown to pick up [...]
Marijuana in Suitcases Supports Transport Conviction
By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
The Court of Appeals affirms defendant’s bench trial conviction for transporting over five pounds of marijuana into Virginia in violation of Va. Code §18.2-248.01 based on circumstantial evidence surrounding the arresting officer’s discovery of the marijuana in suit cases during a consensual search. One December day, defendant was driving alone on the interstate in Virginia [...]
Excluded Hearsay Evidence Must Be Relevant
By Deborah Elkins
Published: June 6, 2011
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
Defendant is not entitled to reversal of his jury trial convictions for second degree murder and use of firearm, as defendant failed to establish the relevancy of excluded evidence and had no specific evidence another person committed the crimes, the Court of Appeals said. Defendant was charged with murdering victim in the parking lot of [...]
Criminal – Credit Card Fraud – Felony Charge
By Deborah Elkins
Published: October 8, 2010
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
Although testimony from defendant’s companion and video footage from a Wal-Mart store in Alexandria established that defendant handed a credit card stolen from the victim’s home to his companion to pay for $155 worth of household goods, there was insufficient evidence to link defendant to an additional purchase of shoes with the victim’s credit card [...]
Criminal – Grand Larceny – Witness Testimony
By Deborah Elkins
Published: September 30, 2010
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
Even assuming a trial court erred in allowing a prosecution witness to testify about the contents of an electronic record viewed on a computer screen, the Court of Appeals says any error was harmless and affirms defendant’s conviction for grand larceny for failing to return money to a bank for an unpaid check. The commonwealth [...]
Domestic Relations – Support Reduction – Lower Income
By Deborah Elkins
Published: September 24, 2010
Tags: Domestic Relations, Judge Jean Harrison Clements, Virginia Court of Appeals
Testimony from husband’s accountant that his monthly income had decreased from $21,000 in 2007 to $17,830 per month at the time of the hearing, demonstrated a material change of circumstances to support his motion to modify spousal and child support, and the Court of Appeals reverses the trial court decision granting wife’s motion to strike. [...]
Criminal – Cocaine – Intent To Distribute – Crack Packaging
By Deborah Elkins
Published: June 30, 2010
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
Expert testimony from a police detective about the packaging of 3.322 grams of crack cocaine in a bag defendant kept in his buttocks supported the trial court conclusion that defendant intended to distribute the drugs, and the Court of Appeals affirms his conviction under Va. Code § 18.2-248. A detective testified as an expert in [...]
Criminal – Manslaughter – A&B
By Deborah Elkins
Published: May 28, 2010
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
A defendant charged with first-degree murder and attempted murder in a drive-by shooting in Powhatan County, and convicted of involuntary manslaughter and assault and battery, cannot overturn his convictions by claiming the trial court should have set aside the verdict as based on insufficient evidence, as defendant waived his claim, the Court of Appeals says. [...]
Criminal – Embezzlement – State & Federal Charges
By Deborah Elkins
Published: May 28, 2010
Tags: Criminal, Judge Jean Harrison Clements, Virginia Court of Appeals
A former Roman Catholic priest cannot overturn his conviction for embezzlement of church funds in violation of Va. Code § 18.2-111 by arguing the state prosecutions were barred under Code § 19.2-294 because the same acts constituted the bases for both prosecutions, the Court of Appeals says. Defendant pled guilty to two charges in federal [...]
Administrative – Coal-Fired Plant Permit – Carbon Dioxide – Regulated Pollutant
By Deborah Elkins
Published: May 27, 2010
Tags: Administrative, Judge Jean Harrison Clements, Virginia Court of Appeals
The Court of Appeals affirms a circuit court decision upholding the State Air Pollution Control Board’s issuance of a permit to Dominion to build and operate a coal-fired electric generating power plant in Wise County, in this appeal by the Sierra Club and other environmental groups. Judicial review of the board’s decision to issue the [...]
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