Virginia Lawyers Weekly VA Lawyers Weekly

A convicted felon who accidentally dropped a handgun that had been concealed underneath the waistband of his pants cannot suppress the handgun and his conviction under Va. Code § 18.2-308.2(A) on a conditional guilty plea is affirmed; he cannot suppress ...

Tagged with: Judge Randolph A. Beales Search & Seizure Virginia Court of Appeals

Although defendant claims there was no proof she drove or operated a vehicle under Va. Code § 18.2-266, police stopped the car she was in after seeing it weaving on the highway and saw her switch from the driver’s seat ...

Tagged with: Traffic Offenses Virginia Court of Appeals

In a case in which defendant offered witness testimony contrary to the teenage victim, who described an assault by defendant who was her hair stylist’s boyfriend, the jury alone was entitled to judge the victim’s credibility, and the Court of ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

The Court of Appeals affirms child pornography convictions, rejecting defendant’s interpretation of Va. Code § 18.2-374.1:1(B), that defendant says would have required the court to dismiss four of the 10 counts against him. Defendant argues the 20 images of child ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

The Court of Appeals affirms child pornography convictions, rejecting defendant’s interpretation of Va. Code § 18.2-374.1:1(B), that defendant says would have required the court to dismiss four of the 10 counts against him. Defendant argues the 20 images of child ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Randolph A. Beales

The 4th Circuit denies a 28 U.S.C. § 2255 petition filed by a defendant convicted of drug and firearms offenses who says his counsel provided constitutionally deficient legal representation in failing to consult with him about taking an appeal. After ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Although a DEA agent had participated in 10 wiretaps in his 18 years with the DEA, he was not proffered as an expert and a trial court erred in admitting his lay opinion testimony that a recorded phone call about ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory

The 4th Circuit affirms defendant Lorenzo Wilson’s convictions for conspiracy to kidnap, in violation of 18 U.S.C. § 1201(c) and § 2, his sentence of life imprisonment for that offense, as well as the district court’s denial of a new ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Although the actions of federal prosecutors – including closing argument statements about the desires of the victim’s family – at two codefendants’ joint trial on kidnapping and murder charges, unnecessarily introduced error into the proceedings, such error is not reversible, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Clyde H. Hamilton

In the following cases, the Virginia Court of Appeals has affirmed a decision based on the reasoning of the administrative agency: Food Lion LLC v. Tkach, No. 0649-10-4, Aug. 3, 2010, upholding an award of benefits despite an employer’s claim ...

Tagged with: Summary Dispositions Virginia Court of Appeals