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Tag Archives: Judge Larry G. Elder

Criminal – New Trial Request – Witness Recantation – Defendant’s Girlfriend (access required)

The Court of Appeals says a trial judge who heard the evidence at defendant’s earlier trial for possession of a firearm as a convicted felon did not err in denying his request for a new trial, based on his girlfriend’s ...

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Administrative – Sexual Abuse Finding – Circuit Court Authority (access required)

A circuit court erroneously usurped a hearing officer’s fact finding authority, and because the hearing officer’s disposition of “Founded-Sexual Abuse-Level One” was supported by substantial evidence, the Court of Appeals reverses the circuit court and remands with directions to reinstate ...

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Criminal – Request For Counsel – Murder & Firearm Convictions (access required)

A defendant’s confession was a critical part of the commonwealth’s case and the trial court erred in not recognizing that defendant’s statement, “That’s what I want, a lawyer,” was an unequivocal request for counsel that should have been honored by ...

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Criminal – Robbery – Speedy Trial Act – DNA Evidence (access required)

A trial court properly denied defendant’s motion to dismiss on statutory speedy trial grounds without considering the impact of Va. Code § 19.2-270.5’s provisions concerning the late production of DNA evidence on the speedy trial calculations, and the Court of ...

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Criminal – Forcible Sodomy – Aggravated Battery – Teen Witness Credibility (access required)

Although defendant contends the testimony of the teenage witness who described defendant’s sexual assaults of her when she was 14 and 15 was “inherently incredible,” the Court of Appeals says the evidence as a whole, which included extensive corroboration of ...

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Criminal – Murder – Firearm Use – Gang Membership (access required)

The Court of Appeals reverses defendant’s second-degree murder conviction because the trial court erred in refusing to allow defendant to question the jury pool about possible gang affiliations to assess bias, to cross-examine a prosecution witness about gang affiliation and ...

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Workers’ Comp – Appeals – Interlocutory Order (access required)

A commission decision to hold a workers’ comp claim “in pendency status until the claimant offers evidence of maximum medical improvement and a current rating” is an interlocutory order not presently appealable, and the Court of Appeals dismisses employer’s appeal ...

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