Virginia Lawyers Weekly VA Lawyers Weekly

Where an expert testified that appellant’s possession of almost 10 pounds of marijuana was “inconsistent with personal use” because it would take more than three years for a heavy user to smoke all of it, this was sufficient evidence that ...

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

Appellant’s conviction for burglary is affirmed because there was sufficient evidence that he was the perpetrator. Grab and go Stroud was in a home she shared with several others. Boyles was outside cutting the lawn. Stroud’s 4-year-old child came from ...

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

Where appellant was convicted of both felony murder and elder abuse or neglect resulting in death, any double jeopardy issue was resolved when the two convictions were merged for sentencing purposes. Overview Eileen Myers was appellant’s mother. Appellant was responsible ...

Tagged with: Criminal Virginia Court of Appeals

Where appellant was charged with kicking in an apartment door and assaulting the person inside and, two days later, kicking in the same door and murdering the assault victim, the trial court correctly denied his motion to sever the charges ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals

Appellant’s jury conviction for several sex crimes involving a 13-year-old child must be reversed. The trial court incorrectly denied several requests for funds to pay for experts to bolster appellant’s defense that a particular interrogation technique led him to falsely ...

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

Appellant’s convictions for object sexual penetration and aggravated sexual battery, both involving a child under 13 years old, are affirmed. Credibility Appellant Mayo argues that the victim’s testimony was “inherently incredible and uncorroborated,” given her delay in reporting Mayo’s abuse, ...

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

Where the circuit court revoked appellant’s suspended sentence and re-imposed a portion of it so that he would serve a one and one-half year active sentence, this was not an abuse of discretion. Background Appellant was given a 10-year sentence ...

Tagged with: Criminal Virginia Court of Appeals

Where appellant attacked his convictions for multiple sex crimes, arguing that the young victim’s testimony was not buttressed with corroborating eyewitnesses, or with medical and forensic evidence, his convictions are affirmed. The victim’s testimony alone was sufficient to convict. Sufficient ...

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

Where the commonwealth’s attorney prosecuted defendant’s case while her license was suspended for not paying bar dues, a defense motion to set aside the guilty verdict is denied. A conviction obtained by an unlicensed prosecutor will not be voided unless ...

Tagged with: Criminal Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where the sentencing court denied a defendant’s motion to modify eight of his supervised-released conditions because he provided no basis for modification, but two of the conditions, involving restrictions on a sex offender’s internet use, were altered by subsequent Supreme ...

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