Judge Rosemarie Annunziata « Virginia Lawyers Weekly

Beer-Can DNA Connection to Stolen Vehicle

By Deborah Elkins
Published: July 21, 2011
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Defendant is not entitled to reversal of his grand larceny conviction for insufficient evidence connecting him to the all-terrain vehicle (ATV) recovered by police, the Court of Appeals says; defendant’s nine prior felony convictions and the record evidence including witness testimony, photographs and DNA on a beer can, proved guilt beyond a reasonable doubt.
Defendant, previously [...]

Editorial: A trap hidden in plain sight

By Virginia Lawyers Weekly
Published: May 23, 2011
Tags: General Assembly, Judge Rosemarie Annunziata, Judgeships, Supreme Court of Virginia

Unhappy with a January decision by the Supreme Court of Virginia, four leaders of the House Courts of Justice Committee have set a clever trap for any judge wanting to keep his or her seat.
And they’ve hidden it in plain sight.
In Hernandez v. Commonwealth, the high court said judges have the authority to defer judgment [...]

Officer Testimony Proved Vehicle Operation

By Deborah Elkins
Published: April 11, 2011
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

The Court of Appeals with one dissent affirmed defendant’s conviction for driving under the influence when the arresting officer testified that the radio stopped playing when the keys were removed.
A parking enforcement officer observed defendant’s car parked illegally at a bus stop about 3:00 a.m. and when he went to write a parking ticket, [...]

Criminal – Appellant’s Death – Abatement Ab Initio

By Deborah Elkins
Published: September 16, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

In this first-impression decision, the Court of Appeals says a trial court did not abuse its discretion in identifying factors to consider, and in ultimately finding, good cause to deny a motion for abatement ab initio of the incest conviction of a man who died during the direct appeal of his conviction of incest involving [...]

Criminal – Officer’s ID Request – Refusal

By Deborah Elkins
Published: August 19, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

The Court of Appeals reverses a woman’s conviction for refusal to provide identifying information to a law enforcement officer in violation of Stafford County Code § 17-7, as the circumstances at the time an officer placed handcuffs on defendant after a minor traffic accident and requested her identifying information do not support the conclusion that [...]

Criminal – Felony Failure To Appear – Mistaken Date Claim

By Deborah Elkins
Published: August 19, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Although a defendant showed up a day late for his scheduled court appearance, he acknowledged that he had spoken to his attorney before the hearing and understood he was to be in court on the day of the hearing, and the Court of Appeals upholds his conviction for felony failure to appear.
The fact finder was [...]

Domestic Relations – Premarital Agreement – Real Estate – Parties’ Intent

By Deborah Elkins
Published: April 26, 2010
Tags: Domestic Relations, Judge Rosemarie Annunziata, Virginia Court of Appeals

Although a couple’s premarital agreement covered wife’s home in Virginia and husband’s condo in Florida, which he purchased before the marriage but titled as a joint tenancy with right of survivorship, the divorce court erred in dividing the property under the agreement because the couple intended the agreement to apply only in case of death, [...]

Workers’ Comp – Two Causes Rule – Shoulder Injury

By Deborah Elkins
Published: March 18, 2010
Tags: Judge Rosemarie Annunziata, Virginia Court of Appeals, Workers' Comp

The Court of Appeals rejects employer’s contention that the commission erred in concluding claimant was disabled and in granting temporary total disability and medical benefits, based upon the “two causes” rule.
The two causes rule addresses those cases where a disability has two causes: one related to the employment and one unrelated. Under this rule, full [...]

Criminal – Cocaine Possession – Residue On Scale

By Deborah Elkins
Published: March 15, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for possession of cocaine with intent to distribute based on evidence that the scale containing residue and other items found on the back seat of his vehicle were under his dominion and control.
Under the totality of the circumstances, a fact finder could reasonably conclude that defendant was aware [...]

Criminal – Appeals – Rule 5A:18 – Undercover Conversation

By Deborah Elkins
Published: March 1, 2010
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

A defendant convicted of first-degree murder and robbery of a taxicab driver failed to object at trial to admission of evidence concerning a conversation defendant had with an undercover police officer, and the Court of Appeals upholds his convictions.
Osman v. Commonwealth (Annunziata, J.) No. 1455-08-4, Jan. 26, 2010; Fairfax Cir.Ct. (Klein) Eric E. Clingan for [...]

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