Parents’ In Absentia Objection Fails

Inadequate Proffer Defeats Appeal

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals affirms father’s jury trial convictions for sex crimes against his minor daughter; the trial court properly refused to allow victim’s aunt to testify as an impeachment witness: she heard victim testify and defendant failed to make an adequate proffer identifying the relevant community. At age 14 or 15, victim reported that [...]

Appeal Dismissed for Procedural Errors

By Deborah Elkins
Published: November 20, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals dismisses defendant’s appeal of his convictions on charges involving heroin, ecstasy and marijuana, as he lists eight assignments of error in his opening brief, but lists only one assignment of error in his petition for appeal granted by this court. Appellate rules prohibit an appellant from adding assignments of error between [...]

No Mistrial for Cousin on Jury

By Deborah Elkins
Published: November 5, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant was not entitled to a mistrial after it was discovered mid-trial that his cousin was on the jury, the Court of Appeals says; the trial court questioned the cousin and determined she had no information requiring disqualification; the record shows no abuse of discretion; defendant’s jury trial convictions for attempted malicious wounding, using a [...]

Propellant Evidence Not Needed to Convict

By Deborah Elkins
Published: October 25, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals upholds defendant’s conviction for possession of ammunition, despite his claim that the commonwealth failed to prove beyond a reasonable doubt that the cartridges found on his person contained a propellant. Defendant contends Va. Code § 18.2-308.2(A) requires proof that the cartridge contains a propellant and that there is no proof of [...]

Juror Who Believed Police Not Rehabilitated

By Deborah Elkins
Published: October 25, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A defendant’s conviction of voluntary manslaughter for a shooting outside a Richmond nightclub is reversed by the Court of Appeals because the trial court erred in seating a juror who initially said he would be inclined to find a police officer more credible, and who continued to equivocate, despite the trial court’s efforts to rehabilitate [...]

Eluder Can’t Exclude Admission

By Deborah Elkins
Published: October 22, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial conviction for felony eluding because the commonwealth introduced his admission of running from police due to a suspended license, the Court of Appeals says; defendant’s admission is relevant and admissible. Late one October evening, two deputy sheriffs clocked defendant speeding at 79 mph in a [...]

Grand Larceny and Weapons Convictions Sustained

By Deborah Elkins
Published: September 27, 2012
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions for grand larceny and possession of a concealed weapon by a felon; the record evidence supports each conviction: defendant stole a rifle late at night and was apprehended with two knives with blades seven and nine and one-half inches long, “like kind” to the weapons listed [...]

Agency Could Order Platform Removal

By Deborah Elkins
Published: August 17, 2012
Tags: Administrative, Judge Robert P. Frank, Virginia Court of Appeals

The Court of Appeals reverses a circuit court decision holding that appellant Virginia Marine Resources Commission lacked jurisdiction to order Chincoteague Inn to remove a floating platform from over state-owned bottomland. VMRC argues the circuit court erred in holding that the agency had no jurisdiction to order removal of the platform. Essentially, our analysis is [...]

No Venue Change for Terrorism Case

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

A defendant charged with terrorism and related crimes in a plot to make pipe bombs and attack a local high school was not entitled to a change of venue from Virginia Beach on the ground that no resident of the targeted town could afford him a fair trial; the Court of Appeals rejects defendant’s appellate [...]