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Tag Archives: Judge Rossie D. Alston Jr.

Traffic Offenses – DUI – Involuntary Intoxication – Ambien – Sleep-Driving (access required)

Although defendant’s BAC did not show alcohol and showed only a normal range for a therapeutic dose of his Ambien prescription, as well as Benadryl, the Court of Appeals says the trial court did not err in rejecting defendant’s theory ...

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Criminal – Felony Sexual Penetration – Child Sexual Abuse – Jurisdiction (access required)

A defendant could be convicted in Fairfax Circuit Court for sexually molesting his girlfriend’s six-year-old niece during the victim’s visit to her grandmother’s apartment in Annandale, and the Court of Appeals affirms his conviction. The evidence showed that at the ...

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Search & Seizure – Warrantless Entry – Home For Sale – ATF Agent – Buyer (access required)

Although an agent for the Bureau of Alcohol, Tobacco & Firearms first entered a home, which was for sale, by visiting with the real estate listing agent, the ATF agent did not violate defendant’s Fourth Amendment rights by entering the ...

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Search by police posing as home buyers was not illegal (access required)

The Court of Appeals of Virginia refused to overturn a felon-in-possession conviction of a Shenandoah County man where police confirmed the presence of guns and ammo by pretending to be home buyers taking a tour of the house. Authorities got ...

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Criminal – Voluntary Manslaughter – Self-Defense Instruction (access required)

A trial court did not err in rejecting defendant’s instruction on self-defense and the Court of Appeals affirms his conviction of voluntary manslaughter. Initially, it appears defendant offered the law for justified self-defense, as the instruction discussed the law for ...

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Traffic Offenses – DUI – Fourth Offense – Blood Test Results (access required)

In this case, the totality of the circumstances when an officer on patrol observed defendant in his vehicle, including the fact that defendant was swerving between traffic lanes in a manner potentially endangering himself and others on the road, yelling ...

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