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Tag Archives: Supreme Court of Virginia

Search & Seizure – Reasonable Suspicion – High-Crime Area – Flight (access required)

Although defendant’s headlong flight from police in a high-crime area does not alone justify police detention, in this case, police also pointed to additional circumstances, such as defendant’s abandonment of his bicycle, his evasive behavior in looping around houses and ...

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Criminal – Sexually Violent Predator – Civil Commitment – Intent To Defile (access required)

Although the commonwealth’s initial petition seeking civil commitment of appellant as a Sexually Violent Predator cited a charge for attempted forcible sodomy, for which defendant was not incarcerated, amendment of the petition to cite appellant’s conviction of abduction with intent ...

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Criminal – Miranda Warning – Public Safety Exception – Loaded Gun (access required)

The Virginia Supreme Court says the “public safety” exception to the Miranda rule allows a trial court to admit into evidence defendant’s response to an officer’s question about whether a gun was loaded, when the officer found the gun, which ...

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Criminal – Juvenile – Mandatory Minimum Sentence – Cousins’ Sentences (access required)

A juvenile tried as an adult and found guilty of a crime with a mandatory minimum sentence may not be sentenced to a juvenile disposition, pursuant to Va. Code § 16.1-272, rather than the mandatory minimum sentence, the Supreme Court ...

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Criminal – Waiver – Sufficiency – Motion To Strike (access required)

The Supreme Court of Virginia affirms the intermediate appellate court’s application of Rule 5A:18 to refuse review of a defendant’s appellate claim that there was insufficient evidence to convict him of abduction with intent to defile; distinguishing two closely related ...

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