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Criminal Law

Opening statement did not preserve issue for appeal (access required)

Appellant’s argument that there was insufficient evidence to convict him of aggravated involuntary manslaughter has not been preserved for review. His argument that his opening statement preserved the issue is not well taken. Fatal accident Appellant, who was 20 years ...

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Sufficient evidence to convict for theft offenses (access required)

A detective’s identification of appellant from a security video provided sufficient evidence that appellant was involved with a burglary, grand larceny, larceny of a firearm, conspiracy to commit burglary, and credit card theft. Inference “[S]ince we conclude below that White, ...

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Sufficient evidence of receiving stolen property (access required)

Where appellant was convicted of receiving stolen property worth more than $500, his “ever-changing and contradictory statements, in conjunction with other evidence, proved he possessed the two stolen boats.” Overview Bailey, the theft victim, had two boats, a Chaparral and ...

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First Step Act decisions must be procedurally, substantively reasonable (access required)

Where procedural and substantive reasonableness requirements are necessary to ensure the broad remedial purposes of the First Step Act, but the district court here did not explain why it believed a large upward variance was warranted when it resentenced the ...

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Judicial emergency tolled speedy trial deadlines (access required)

Where the Virginia Supreme Court declared judicial emergencies in response to the COVID-19 pandemic, speedy trial deadlines were tolled. The court did not infringe on appellant’s constitutional right to a speedy trial by declaring an emergency. Further, there was sufficient ...

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Sufficient evidence for assault, gun offenses (access required)

Where appellant was found guilty of possession of ammunition by a convicted felon, assault and battery of a family or household member, strangulation, and possession of a firearm by a convicted felon, sufficient evidence supports the convictions. Strangulation Appellant “Fate ...

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