Virginia Lawyers Weekly VA Lawyers Weekly

The court of appeals upheld two perjury convictions arising from the defendant’s prior testimony explaining why he did not appear in court as required, finding that his acquittal for failure to appear did not preclude perjury charges. On February 6, ...

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 Unpublished Opinion Virginia Court of Appeals

Latent, partial prints on a stolen television found on the side of the road were insufficient, on their own, to exclude the reasonable hypothesis that the prints were impressed at a time other than when the crime was committed, the ...

Tagged with: Criminal Supreme Court of Virginia Unpublished Opinion

The sole question presented is whether the court of appeals erred in dismissing Appellant Dorothy Elizabeth Cilwa’s appeal from a judgment in the circuit court. After a long history of larceny arrests, substance-abuse counseling, and probation extensions, Cilwa’s probation officer ...

Tagged with: Criminal Supreme Court of Virginia Unpublished Opinion

A “show-up” identification did not violate a robbery suspect’s rights when police presented him separately to the victims, did not encourage them to make a positive identification, and did not inform them that their stolen items were found on the ...

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

Appellant John Allen Baugh Jr. was convicted in 2000 of having carnal knowledge of a minor. As a result, he was required to register as a sex offender under Virginia’s Sex Offender and Crimes Against Minors Registry Act (VSOR). In ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Witness testimony and ballistics evidence was sufficient to uphold a conviction for discharging a firearm in a public place, even though the actual weapon was never located, the court of appeals said. Witness James Goode was attempting to break up ...

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

A warrantless blood draw taken from a mother while her son was hospitalized was justified by exigent circumstances, the court of appeals held. Appellant Emily Lynn Aponte was driving one afternoon with her 6-year-old son in the back seat when ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

In 1973, Respondent Larry Ray Johnson was convicted of rape and abduction with intent to defile. In 2013, he was convicted of eight counts of mailing threatening communications, for which he was sentenced to 20 years in the custody of ...

Tagged with: Criminal Fairfax County Circuit Court Judge Penney S. Azcarate Virginia Circuit Courts

The court of appeals held that the federal four-year “catch-all” statute of limitations for civil actions does not apply to civil-commitment proceedings under the Adam Walsh Act. In 2015, while Plaintiff/Appellant Edgar Searcy was in federal prison for using interstate ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

The court of appeals upheld Appellant Michael Maynes Jr.’s convictions for sex trafficking, holding that the trial court properly instructed the jury on the definition of “fraud” and also excluded evidence of the victims’ past engagement in commercial sex. A ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III