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Criminal Law

Constitutional – Procedural Due Process – Revocation of Suspended Sentence (access required)

Washington v. Commonwealth (VLW No. 017-7-274, 12 pp.) (Decker, J.) Appealed from Hampton Circuit Court (Taylor, J.) Va. App. Unpub. Holding:  Following defendant’s arrest for violating his probation by using drugs, the drug treatment court held a hearing terminating him ...

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Statutory Construction – Firearms – Felony Predicate (access required)

Cartagena v. Commonwealth (VLW No. 017-7-282, 12 pp.) (Russell, J.) Appealed from Virginia Beach Circuit Court (Padrick, J) Va. App. Pub. Holding:  Defendant was convicted of falsifying a firearm consent form, attempted possession of a firearm by a felon, and ...

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Financial Exploitation – Credit Card Fraud – Evidence (access required)

White v. Commonwealth (VLW No. 017-7-288, 11 pp.) (Decker, J.) Appealed from Richmond Circuit Court (Hughes, J.) Va. App. Pub. Holding: Defendant-home care aide appeals convictions for financial exploitation of a mentally incapacitated person and credit card fraud, in violation ...

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Motor Vehicles – Suspension of Driving Privileges – Fisherman Exemption (access required)

Grasty v. Commonwealth (VLW No. 017-7-289, 8 pp.) (Humphreys, J.) Appealed from Newport News Circuit Court (Sugg, J.) Va. App. Pub. Holding:  Appellant driver was convicted of a third or subsequent offense of driving on a suspended or revoked license ...

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Motion to Strike – Issue for a Jury – Common Knowledge and Experience (access required)

Commonwealth v. Antwan Ray Green (VLW No. 017-8-103, 8pp.) Fairfax Cir.Ct. Case No. FE-2016-1048 Holding: Where the defendant was charged with maliciously wounding the victim with the intent to cause the involuntary termination of her pregnancy and has moved to ...

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Possession of a Firearm by a Felon – Sentencing Level – Common Law Robbery (access required)

U.S. v. Gattis (VLW No. 017-2-207, 22 pp.) (Niemeyer, J.) 16-4663; Dec. 4, 2017; USDC at Raleigh, N.C. 4th Cir. Holding: Although the North Carolina offense of common law robbery does not qualify as a “violent felony” under the force ...

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In Forma Pauperis – Inmate Trust Accounts – “Deposits” (access required)

Grethen v. Robinson (VLW No. 017-6-092, 8pp.) (McCullough, J.) (McClanahan, J., dissenting) Record No.  161417. Holding: Where the plaintiff-inmate has an account into which “deposits” are placed but, under Department of Corrections Operating Procedure, these funds are used to satisfy ...

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Failure to Appear – Motion in Limine – Willfulness – Insufficient Evidence (access required)

Cosby v. Commonwealth (VLW No. 017-7-277, 13pp.) (Clements, J.) Record No. 1982-16-2. Appealed from the Circuit County of the City of Richmond. (Rupe, J.) Holding: Where the testimony of a detective that he saw the appellant-defendant in the courthouse about ...

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