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Tag Archives: Judge Mary B. Malveaux

No Need for Involuntary Manslaughter Jury Instruction (access required)

At defendant’s trial for felony homicide for the fatal shooting of his fiancee’s 10-year-old son, the trial court did not err in rejecting defendant’s proffered jury instruction regarding involuntary manslaughter based on defendant’s assertion that he only brandished the firearm ...

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‘Reasonable Suspicion’ Challenge Not Preserved (access required)

The Court of Appeals upholds defendant’s conviction of driving after being declared an habitual offender, second or subsequent offense, in violation of Va. Code § 46.2-357; because defendant concedes the officer possessed the requisite suspicion for the initial traffic stop ...

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Prosecutor Faulted for Closing Argument (access required)

A defendant’s conviction of dogfighting is reversed because the prosecutor’s recitation during closing argument of defendant’s prior criminal charges that purportedly went unpunished was so prejudicial it required a mistrial, the Court of Appeals holds. Cross-examination Although the prosecution asked ...

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