Virginia Lawyers Weekly VA Lawyers Weekly

Where a police detective stopped appellant for driving with his high beams on and searched his vehicle after smelling marijuana, a law enacted more than a year later that banned searches based solely on smelling marijuana cannot be retroactively applied ...

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

Where a law firm’s bookkeeper embezzled almost $650,000, the circuit court erred by awarding additional restitution beyond the stolen amount because some of the expenses the firm incurred were not directly caused by the embezzlement. Background Tyler pleaded guilty to ...

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

The victim provided credible evidence that appellant beat her on two different occasions after she initially refused to drive him to an automotive race track. Delayed report The victim, Garver, appellant Sturdy’s live-in girlfriend, testified that the first assault occurred ...

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

Where appellant accepted a down payment from a homeowner for renovations, he was properly convicted of construction fraud because he took the money with the intent to defraud her. “The relevant question is whether a builder or contractor obtained an ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant was charged with racketeering, possession with intent to distribute marijuana and a firearm charge related to the marijuana, there was ample support in the record to justify the circuit court’s decision to deny pretrial bail. No bail “On ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where the police searched appellant’s car after seeing an open container of alcohol and a small amount of decriminalized marijuana in his passenger’s wallet, results of the search, a handgun and more marijuana, cannot be admitted as evidence because the ...

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

The evidence, including appellant’s testimony that differed from statements he gave to the police, does not support his claim that he shot the victim in self-defense. Self-defense Appellant Smallwood “admitted to intentionally shooting Adkins but claimed that he did so ...

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

Criminal An active sentence for felony eluding was appropriate. Robinson v. Commonwealth, Record No. 1385-21-2, June 7, 2022. CAV (per curiam) From the Circuit Court of Henrico County (Harris). G. Brian Tacey for appellant. Jason S. Miyares, Leanna C. Minix ...

Tagged with: Criminal Virginia Court of Appeals

Where two defendants in this four co-defendant jury trial have moved to change venue from Fauquier County, the motions are granted because the existing courtrooms in Fauquier County cannot adequately handle the logistics of conducting the trial. Introduction Four defendants ...

Tagged with: 20th Circuit Court Criminal Judge James E. Plowman Jr. Virginia Circuit Courts

Where a man charged with multiple counts of conspiracy and mail or wire fraud argued the district court erred when it allowed his wife to refuse to testify based upon her Fifth Amendment rights, but the district court’s decision also ...

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