No Vacatur After Voluntary Guilty Plea

Court Rejects License ‘Revocation’ Claim

By Deborah Elkins
Published: January 30, 2012
Tags: Judge William G. Petty, Traffic Offenses, Virginia Court of Appeals

A defendant who was declared a habitual offender in 1993 cannot overturn his 2010 convictions for driving as an HO with a claim that he can’t be convicted under the current version of Va. Code § 46.2-357 because his driver’s license was not actually “revoked” within the meaning of the Code; the Court of Appeals [...]

Joining Fray Not Defense

By Deborah Elkins
Published: January 17, 2012
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms defendant’s bench trial convictions of malicious wounding and use of a firearm in the commission of a felony; the record amply supports that defendant joined two other men fighting, repeatedly hit one with a pistol and used an object that appeared capable of firing a projectile by explosion. Defendant and [...]

Real Gun Required for Felon Possession

By Deborah Elkins
Published: December 16, 2011
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals reverses defendant’s conviction for felon possession of a firearm; Va. § 18.2-308.2 requires evidence of an object created to expel projectiles by explosion and the witness testimony here is insufficient. Defendant, a convicted felon, was convicted of attempted robbery and possession of a firearm by a felon. At trial, a restaurant [...]

Long Distance Romance Not Cohabitation

By Deborah Elkins
Published: December 13, 2011
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms in part and reverses in part a trial court decision refusing to terminate spousal support and modifying child support without considering child support paid in arrears; husband’s evidence does not prove cohabitation under the parties’ agreement but the trial court erred in refusing to consider husband’s spousal support paid totaling [...]

Appeals court grants writ of innocence

By The Associated Press
Published: December 12, 2011
Tags: Attorney General Ken Cuccinelli, Criminal, Judge Larry G. Elder, Judge William G. Petty, Virginia Court of Appeals News

(AP) A Richmond man who had been imprisoned nearly 30 years for at least one sexual assault he didn’t commit has been exonerated in two other rape cases. A divided Virginia Court of Appeals on Tuesday granted a writ of actual innocence and vacated Thomas Haynesworth’s rape and abduction convictions in two sexual assaults in [...]

Girlfriend’s Prescription Not Sufficiently Argued

By Deborah Elkins
Published: December 1, 2011
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant is not entitled to reversal of his conviction for possession of methadone based on his girlfriend having a prescription, the Court of Appeals holds; defendant’s appellate brief significantly omits legal authority or argument required by Rule 5A:20(e) and the record evidence establishes constructive possession. Police found methadone in defendant’s car after he drove his [...]

Ends of Justice Exception Not Met

By Deborah Elkins
Published: December 1, 2011
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant is not entitled to have his bench trial conviction for forcible sodomy reversed, the Court of Appeals holds; defendant failed to preserve his sufficiency of evidence argument and cannot bring this case within the “ends of justice” exception to Rule 5A:18. Defendant was convicted of forcible sodomy based on victim testimony that defendant made [...]

Hospital Has Standing for COPN Appeal

By Deborah Elkins
Published: December 1, 2011
Tags: Administrative, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals says Reston Hospital may appeal a circuit court’s dismissal of Reston’s challenge to the State Health Commissioner’s issuance of a Certificate of Public Need authorizing Inova Health Services to provide new radiation therapy services at Inova’s Fair Oaks Hospital; Reston provides the same services, six miles away, in the same planning [...]

Bedroom Questioning Not Custodial

By Deborah Elkins
Published: November 21, 2011
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant is not entitled to reversal of his jury trial conviction for malicious wounding and an eight-year sentence, the Court of Appeals says; the trial court’s evidentiary rulings and refusal of a heat of passion jury instruction were appropriate. On August 15, 2009, defendant and four gang members went to a commercial area in response [...]