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 [...]
Criminal – Felon In Possession – Explosive Materials
By Deborah Elkins
Published: March 1, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
Although defendant’s girlfriend testified that she had put revolver cartridges in a duffle bag in defendant’s car in order to “get back” at him, she never explained how she knew he would be arrested days later, and the trial court’s rejection of her testimony and conviction of defendant for possession of an explosive as a [...]
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