No Continuance to Raise Money for Private Counsel 
By Deborah Elkins
Published: April 21, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirmed defendant’s jury trial convictions for attempted rape, abduction with intent to defile, and misdemeanor assault and battery; defendant failed to show prejudice or surprise warranting a second continuance and the record evidence was sufficient to prove guilt beyond a reasonable doubt.
Defendant met victim at a bar where she [...]
No Juvenile Court Jurisdiction from Mistaken Agreement
By Deborah Elkins
Published: April 11, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms the circuit court decision that it lacked jurisdiction to review an indefinite juvenile commitment order after 60 days even though the parties and trial court mistakenly agreed to a review date outside the statutory review period.
Defendant was charged by JDR court petition with carrying a firearm on school [...]
Criminal – Forgery – Uttering – Grand Larceny
By Deborah Elkins
Published: September 16, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s convictions despite his contention that the commonwealth did not prove he knew the check he used to open a bank account was forged.
Defendant opened a new checking account with a check drawn on an account that did not exist by a payor that did not exist. Beginning on [...]
Criminal – Forgery – Uttering – Grand Larceny
By Deborah Elkins
Published: September 10, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s convictions despite his contention that the commonwealth did not prove he knew the check he used to open a bank account was forged.
Defendant opened a new checking account with a check drawn on an account that did not exist by a payor that did not exist. Beginning on [...]
Criminal – Forgery – Uttering – Grand Larceny
By Deborah Elkins
Published: August 25, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s convictions despite his contention that the commonwealth did not prove he knew the check he used to open a bank account was forged.
Defendant opened a new checking account with a check drawn on an account that did not exist by a payor that did not exist. Beginning on [...]
Search & Seizure – Passenger Search – Particularized Suspicion
By Deborah Elkins
Published: August 19, 2010
Tags: Judge Rudolph Bumgardner III, Search & Seizure, Virginia Court of Appeals
The Court of Appeals says police had a particularized suspicion justifying their search of defendant passenger after a legal traffic stop, made pursuant to police observation of the vehicle having made a brief stop at the back parking lot of a hotel under police surveillance for drug activity, followed by a drug dog alerting on [...]
Criminal – Cocaine – Constructive Possession – Statement In Cruiser
By Deborah Elkins
Published: August 19, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
A defendant arrested on a warrant, who was detained in a police cruiser while police executed a search warrant for the apartment where he was arrested, made statements in the cruiser that he hoped police would not “check on top of the cabinets” and find a “plate,” or digital scale; the Court of Appeals says [...]
Criminal – Felon In Possession – Sentencing Correction
By dmc-admin
Published: March 18, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
Although defendant contends the trial court erred in sentencing him to a mandatory five-year prison term for weapon possession under Va. Code § 18.2-308.2 because the evidence did not prove his prior conviction for a violent crime, the Court of Appeals says the trial court corrected the error when it ruled on defendant’s motion to [...]
Search & Seizure – Gang Membership Statement – Waiver
By Deborah Elkins
Published: March 15, 2010
Tags: Judge Rudolph Bumgardner III, Search & Seizure, Virginia Court of Appeals
A defendant waived his challenge to denial of his motion to suppress his admission of membership in the Crips street gang during an interview by the jail’s Security Threat Unit, by introducing his statement through his own trial testimony, and the Court of Appeals affirms his convictions for malicious wounding while part of a mob [...]
Criminal – Grand Larceny – Auto Theft – Confrontation Right
By Deborah Elkins
Published: March 1, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
A trial court’s admission of an NADA “blue book” estimate of the value of 2004 Toyota Sienna minivan did not violate defendant’s Confrontation Clause rights under Crawford v. Washington and Melendez-Diaz v. Massachusetts, and the Court of Appeals upholds defendant’s conviction of grand larceny of the van.
Virginia Code § 8.01-419.1 specifically authorized the use of [...]
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