Virginia Lawyers Weekly VA Lawyers Weekly

The trial court properly credited the victim’s version of the events and rejected appellant’s when finding her guilty of malicious wounding, use of a firearm during the commission of a felony, shooting into an occupied vehicle, violating a protective order ...

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

Where appellant alleges there is insufficient evidence that he stabbed the victim, surveillance videos, and testimony from the victim and a police officer belie the claim. Video evidence “[T]here was sufficient evidence from which a rational factfinder could have determined ...

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

Testimony from an eyewitness and a police officer was sufficient to convict appellant, a convicted felon, of possessing a firearm, and possessing a gun and a controlled substance simultaneously. Going down the road Drew was driving on a back road. ...

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

Where the victim reached into appellant’s car, believing appellant was holding her identification, appellant was correctly convicted of unlawful wounding after she dragged the victim 20 feet with her car. Background Appellant Ward drove to Young’s workplace to allow Young ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Appellant’s multiple issues with the trial court’s handling of his trial for abduction lack merit. Further, police legally seized ammunition from his home, resulting in a conviction for being a felon in possession of ammunition. Overview Appellant Rogers was charged ...

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

Appellant’s argument that there was insufficient evidence to convict him of aggravated involuntary manslaughter has not been preserved for review. His argument that his opening statement preserved the issue is not well taken. Fatal accident Appellant, who was 20 years ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

A detective’s identification of appellant from a security video provided sufficient evidence that appellant was involved with a burglary, grand larceny, larceny of a firearm, conspiracy to commit burglary, and credit card theft. Inference “[S]ince we conclude below that White, ...

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

Where appellant was convicted of receiving stolen property worth more than $500, his “ever-changing and contradictory statements, in conjunction with other evidence, proved he possessed the two stolen boats.” Overview Bailey, the theft victim, had two boats, a Chaparral and ...

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

Where procedural and substantive reasonableness requirements are necessary to ensure the broad remedial purposes of the First Step Act, but the district court here did not explain why it believed a large upward variance was warranted when it resentenced the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

Where the circuit court determined that appellant was a sexually violent predator based on testimony from an expert the commonwealth appointed, this was error because the relevant statute requires that experts be appointed by either the Commitment Review Committee or ...

Tagged with: Criminal Supreme Court of Virginia