Virginia Lawyers Weekly VA Lawyers Weekly

Where a defendant argued that statements he made to the police without benefit of counsel about a gun involved in a felon-in-possession charge should have been suppressed, but he knowingly waived his right to counsel by voluntarily answering a detective’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr.

Where the district court erred by imposing an enhanced statutory maximum that was neither charged nor submitted to the jury, because the statutory sentencing enhancement was supported by overwhelming evidence and was uncontroverted, the error was harmless. Background Former federal ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where appellant was ordered to pay more than $41,000 in restitution after he burned down the rented house he was living in, the restitution order is vacated. The record does not support the trial court’s calculation of the restitution amount. ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

There was sufficient evidence to convict appellant of abducting a county employee. Appellant used his vehicle to block the employee from backing out of a driveway. His conduct shows he intended to deprive her of her liberty. Further, even if ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where appellant was convicted of threatening to burn or bomb a means of transportation, the circuit court properly joined this offense with an assault and battery charge. Overview The charges in this case arose from a day-long conflict between appellant ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals

After appellant violated the terms of his probation several times, the trial court did not abuse its discretion by revoking his suspended sentences. Arguments on appeal “Appellant, through counsel, contends that the trial court abused its discretion when it upwardly ...

Tagged with: Criminal Virginia Court of Appeals

Even though the prosecution did not disclose exculpatory evidence to appellant before trial and did not take action to identify exculpatory evidence, appellant was not prejudiced by the failure to disclose. As a result, his conviction of aggravated malicious wounding ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

There was sufficient evidence that appellant participated in a first-degree murder as an accessory before the fact. Overview Wilson, Durham and appellant were indicted for the first-degree murder of Poole. Appellant was convicted of first-degree murder as an accessory before ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

Appellant’s arson conviction is affirmed because the record supports findings that the fire in her house was not accidental, that appellant set the fire and that she did so with malice. Arson elements “To convict Goodman of arson of an ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant was convicted under Code § 46.2-894 with leaving the scene of an accident, the conviction is affirmed because he drove 200 to 300 feet away instead of stopping “as close to the scene of the accident as possible ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals