Employer’s Expert Ignored

Mom Conspired to Sell Cocaine

By Deborah Elkins
Published: October 4, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals affirms mother’s conviction for conspiring to sell cocaine to an informant with her three-year-old son in the backseat; mother’s witnessing father’s prior sales to informant supports finding she knew and benefitted from her role as driver. Parents have a three year-old-son and history of drug dealing. Informant formerly employed father and [...]

‘Gun’ Testimony Supported Firearm Charge

By Deborah Elkins
Published: September 10, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Testimony that defendant pointed a “small pistol” at a 13-year-old carjacking victim sitting in a vehicle in a convenience-store parking lot supported his conviction for firearm use by a convicted felon, even though trial counsel questioned whether it was a toy gun; the Court of Appeals affirms defendant’s conviction under Va. Code § 18.2-308.2. The [...]

Helmet Convictions Reversed on Label Claim

By Deborah Elkins
Published: August 27, 2012
Tags: Judge Robert J. Humphreys, Traffic Offenses, Virginia Court of Appeals

A group of motorcycle riders convicted of riding without a proper helmet under Va. Code § 46.2-910 can overturn their convictions because the statute does not require that a helmet carry a label showing compliance with a statutorily recognized standard; however, the Court of Appeals affirms convictions of two riders whose statements indicated they knew [...]

No Good Faith, No Plea Withdrawal

By Deborah Elkins
Published: August 9, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

A defendant convicted of the rape of a mentally incapacitated woman who later claimed he had known the woman for many years and thought she was capable of consenting to sex, cannot overturn his conviction; the Court of Appeals upholds the trial court decision that defendant did not act in good faith in seeking to [...]

Handling of Victim Interview Tape Violates Brady

By Deborah Elkins
Published: June 13, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

On rehearing en banc, the Court of Appeals reverses and remands defendant’s jury trial convictions for taking indecent liberties with his stepchild, aggravated sexual battery and animate object penetration; the commonwealth’s failure to disclose before trial a recording of victim’s interview violates constitutional due process requirements of Brady v. Maryland, 373 U.S. 83 (1963), when [...]

Appellate Advocacy Lacking, Court Says

By Deborah Elkins
Published: June 6, 2012
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

In husband’s appeal of a final divorce order on remand (Griffin v. Griffin, No. 2810-08-4, VLW 009-7-563(UP) (Dec. 29, 2009)), the Court of Appeals affirms the circuit court’s rulings on equitable distribution, child support, and personal property; law of the case is inapplicable and many of husband’s arguments are procedurally defaulted; wife’s request for attorney’s [...]

Victim’s ‘Excited Utterance’ ID Admissible

By Deborah Elkins
Published: June 6, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

A man who named the person who had just shot him between the eyes and robbed him, to his son who came to his aid, made an “excited utterance” that is admissible hearsay, and the Court of Appeals upholds defendant’s conviction of attempted murder, aggravated malicious wounding and use of a firearm. The victim testified [...]

Denial of Plea Withdrawal Was Error

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals reverses denial of a defendant’s motion to withdraw his guilty plea to first-degree murder in the fatal stabbing of his estranged wife; the trial court did not apply the correct standard in denying defendant’s motion to withdraw his guilty plea. At defendant’s sentencing hearing on Jan. 31, 2011, he renewed his [...]

No Right to Mental Health Treatment

By Deborah Elkins
Published: May 8, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Defendant is not entitled to reversal of the revocation of his suspended sentences on the basis of the trial court’s failure to consider a psychiatric facility, the Court of Appeals says; defendant failed to present to the trial court his argument about his offenses preceding repeal of the Va. Code § 19.2-176 psychiatric sentencing alternative, [...]