Virginia Lawyers Weekly VA Lawyers Weekly

Statutory minimum sentencing could not be waived based on the defendant’s non-use of a firearm when evidence established his “constructive possession” of an AK-47 during the offense dates in question. Background Throughout the month of October 2015, a confidential informant ...

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

A defendant who, at the request of the Commonwealth, appeared for his trial in jail attire and shackles should have been permitted to ask the jury during voir dire if his attire biased them. Not allowing the question was reversible ...

Tagged with: Constitutional Criminal Judge William G. Petty Jury Virginia Court of Appeals

The court lacked jurisdiction to review a nolle prosequi order and also declined to consider the defendant’s arguments not raised in the trial court. Background Appellant Cecil Truman was indicted for numerous drug crimes. The trial court had to appoint ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

The Commonwealth sufficiently established that a defendant aided and abetted her camping companion in manufacturing methamphetamine. Background On October 1, 2015, sheriff’s deputies went to a given address to serve an arrest warrant on Timothy Comer. Comer wasn’t there when ...

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

Evidence was sufficient to support the concealment conviction of a man accused of stealing motorcycle gear from Walmart, even though the stolen gear was never recovered. Background Appellant Bronson Cunningham was in a Virginia Beach Walmart on the afternoon of ...

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

Despite numerous “egregious” discovery failures by the Commonwealth resulting in the defendant having to choose between a speedy trial and the evidence to which he was entitled, the trial court committed no error in finding that the Commonwealth didn’t act ...

Tagged with: Criminal Evidence Judge Rossie D. Alston Jr. Virginia Court of Appeals

The circuit court did not err in continuing the defendant’s trial past the speedy-trial deadline when the continuance stemmed from defendant’s (denied) request to present his motion to suppress on the same day as trial. Background On the afternoon of ...

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

Evidence was sufficient to support the defendant’s convictions and sentencing for welfare fraud, after she omitted income from her SNAP and fuel assistance applications. Background During 2015 and 2016, Appellant Latoya Jefferson shared a household with her five children and ...

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

A habeas petitioner, wanted in California on charges of conspiracy to commit murder, was subject to extradition based on proper authorization and identification contained in California’s documents requesting such extradition from Virginia. The petitioner will remain detained pending appeal. Background ...

Tagged with: Constitutional Criminal Fairfax County Circuit Court Judge David Bernhard

A defendant who, at the request of the Commonwealth, appeared for his trial in jail attire and shackles should have been permitted to ask the jury during voir dire if his attire biased them. Not allowing the question was reversible ...

Tagged with: Criminal Judge William G. Petty Jury Virginia Court of Appeals