Virginia Lawyers Weekly VA Lawyers Weekly

Appellant’s felony hit-and-run conviction is affirmed because there was sufficient evidence that he knew or should have known the accident involved a personal injury. Further, there was sufficient evidence that he willfully failed to appear for a court date. Overview ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

There was sufficient evidence to convict appellant of possession of a firearm by a violent felon. Legal standards “While mere proximity to the firearm, standing alone, is insufficient to convict, ‘it is a circumstance probative of possession and may be ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

A witness’s violation of the court’s sequestration order was not grounds for a mistrial because defendant was not prejudiced. Background Appellant Smith ate dinner with Laquita Ball and her son, 18-year-old Karon, and J.B., her minor daughter. After dinner, the ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where appellant was convicted of strangling his wife, the trial court correctly determined that she provided credible testimony about the incident. Further there was sufficient evidence to support his conviction. Choking incident Appellant “asserts that the evidence failed to prove ...

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

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