Experienced Teen Not In Custody

Officer’s Statements Not Coerced

By Deborah Elkins
Published: April 25, 2013
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Defendant is not entitled to reversal of his misdemeanor embezzlement conviction on the basis that his statements to a superior should have been suppressed, the Court of Appeals says; the supervisor’s questions involved no threat of discharge or other economic sanction; defendant’s subjective fear that he might become the subject of an internal investigation is [...]

Felony-Murder Conviction from 3rd Offense DUI

By Deborah Elkins
Published: April 1, 2013
Tags: Judge Rosemarie Annunziata, Traffic Offenses, Virginia Court of Appeals

The Court of Appeals upholds a felony murder conviction for a defendant who pleaded guilty to third offense, driving while intoxicated, and other charges, in a traffic accident in which his vehicle struck another vehicle with three occupants, seriously injuring two and fatally injuring the third occupant. After the accident, defendant’s blood was tested at [...]

Weapons Search was Consensual

By Deborah Elkins
Published: February 25, 2013
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial conviction for possessing cocaine discovered in a weapons search; the record evidence supports that defendant voluntarily agreed to this search after his license was returned concluding the traffic stop with no offense charged. An officer stopped defendant for driving a vehicle with a cracked windshield. Observing defendant [...]

No Appeal from Jury Verdict for Neglect

By Deborah Elkins
Published: February 14, 2013
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

A defendant convicted of felony child neglect under Va. Code § 18.2-371.1(B) waived her appellate claim by standing on her motion to strike and failing to make a motion to strike at the conclusion of all evidence and failing to move to set aside the verdict; the Court of Appeals affirms says Rule 5A:18 bars [...]

Plea Withdrawal Not in Good Faith

By Deborah Elkins
Published: January 29, 2013
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Defendant is not entitled to reversal of his rape conviction by having a new defense attorney move to withdraw his guilty plea before sentencing, the Court of Appeals says; the record shows a lack of good faith on the part of defendant who was seeking delay after the trial court refused to continue his trial. [...]

Threatening Manner Appeal Fails

By Deborah Elkins
Published: January 11, 2013
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Defendant cannot obtain reversal of his bench trial conviction for using a firearm to commit felony by asserting for the first time on appeal that he did not use a weapon in a threatening manner, the Court of Appeals says; the record evidence supports conviction. Defendant was charged with robbery and using a firearm to [...]

No License Renewal for Branch Pilot

By Deborah Elkins
Published: July 17, 2012
Tags: Administrative, Judge Rosemarie Annunziata, Virginia Court of Appeals

A branch pilot who lost his license in 2008 after he tested positive for cocaine pursuant to a random drug test order cannot be relicensed after he went through rehabilitation; the Court of Appeals says the trial court erred in reversing an administrative denial of relicensure by the Virginia Board for Branch Pilots. The evidence [...]

Husband Wins Remand on Prenup

By Deborah Elkins
Published: March 28, 2012
Tags: Domestic Relations, Judge Rosemarie Annunziata, Virginia Court of Appeals

On husband’s appeal of an equitable distribution award, a majority of the Court of Appeals affirms the trial court’s interpretation of the parties’ prenuptial agreement to classify jointly owned real estate as marital but reverses awarding wife any interest in that property or an investment account; husband’s other arguments are barred by procedural errors. Husband [...]

Roofer Looking for Leak Gets Comp

By Deborah Elkins
Published: March 9, 2012
Tags: Judge Rosemarie Annunziata, Virginia Court of Appeals, Workers’ Comp

In employer’s appeal of a workers’ comp award, the Court of Appeals affirms the majority decision of the commission that employee suffered a compensable injury when he slipped on a roof and fell 25 feet: the evidence supports an inference that employee’s inattention to where he was walking was caused by his performing his work [...]