Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant did not identify any specific clerical mistake in a sentencing order, the trial court correctly construed appellant’s motion for a nunc pro tunc order as a challenge to the sentence, rather than a motion to correct an error ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where, at appellant’s trial for possessing a firearm after being convicted of a violent felony, defense counsel sought to strike two members from the jury pool after they indicated a belief that appellant would be more likely to possess a ...

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

Where appellant was convicted as one of the perpetrators of a robbery and carjacking, and for using a firearm while committing the robbery, the victim’s identification of appellant was sufficient to sustain the convictions. Credibility “[A]ppellant challenges the sufficiency of ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Although the young victim’s letter to her mother and drawings made during a forensic interview were hearsay, this evidence was correctly admitted at appellant’s trial for forceable sodomy and aggravated sexual battery. The evidence was properly admitted under the hearsay ...

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

There is sufficient evidence to uphold the trial court’s determination that an item seized from appellant’s prison cell was a cell phone. Appellant’s conviction  of being a prisoner in possession of a cell phone is affirmed. Analysis “The issue on ...

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

Appellant’s statements to the police before they began considering her as a suspect rather than as an alibi witness were properly admissible absent Miranda warnings. Her post-arrest statements, made after Miranda warnings, were admissible. They were not the product of ...

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

Where appellant waited for “six or seven seconds” after the traffic signal for his lane turned green, this justified a police officer behind appellant’s vehicle to initiate a traffic stop for violating Code § 46.2-833 by failing to obey a ...

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

The trial court did not abuse its discretion in allowing testimony that the owner of 40 AM Tax Service charged with filing false and fraudulent tax returns named her business after 40 Acres and a Mule to mean,  “Give me ...

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

Although the defendant argued that over a span of almost 20 years he was incorrectly and repeatedly deprived of his right to pursue a claim under Apprendi v. New Jersey, 530 U.S. 466 (2000), he did not establish “extraordinary circumstances.” ...

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

A defendant’s attempt at suppression failed because the experience of law enforcement officers and their personal observations, including seeing a woman in an area known for prostitution run across multiple lines of traffic to the defendant’s truck, provided reasonable suspicion ...

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