Virginia Lawyers Weekly VA Lawyers Weekly

Where the defendant made a “furtive movement” while he was being briefly detained by an FBI agent who had instructed him to keep his hands up, the agent’s inquiry into whether he had a gun and her subsequent search of ...

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

Appellant’s conviction for assault and battery of a police officer is affirmed. Because she never ordered the officer from her home, she cannot rely on a defense that the officer was a trespasser who could be expelled using reasonable force. ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

The general district court erred by suppressing evidence in this animal cruelty case on the basis that the affidavit in support of the warrant did not establish probable cause. When read together, both the search warrant affidavit and the affidavit ...

Tagged with: Criminal Fauquier County Circuit Court Judge Jeanette A. Irby Virginia Circuit Courts

Where defendant is charged with sexual battery, the court denies his motion to admit the complaint’s statement made during sexual intimacy with defendant’s son that “she … would do anything to help her get ahead at work.’” Overview The trial ...

Tagged with: Criminal Fairfax County Circuit Court Judge Thomas P. Mann Virginia Circuit Courts

Where the police extended a traffic stop without independent justification, the subsequent search of the defendant’s car was unlawful, even if he consented to it. As a result, the motion to suppress the heroin and cash found in the car ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where the search of the defendant’s car was unlawful, the government could not rely on the inevitable discovery doctrine because there was no evidence that, based on the traffic violations alone, the officer would have arrested the defendant or impounded ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Even though appellant was serving a mandatory minimum sentence for a drug crime, the trial court had the authority to consider whether appellant’s cooperation in an unrelated murder case warranted a reduced sentence. Background Appellant pleaded guilty to possession with ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

Although the trial court erred by convicting appellant of attempting to flee the police because he disobeyed the arresting officer’s order to place his hands behind his back, the record supports affirming the conviction for a different reason – the ...

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

Appellant’s convictions of possessing a firearm after being convicted of a felony and possessing a machine gun for an aggressive purpose are affirmed. There was sufficient evidence he knew the firearm was in the vehicle he occupied. Background A Walmart ...

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