Virginia Lawyers Weekly VA Lawyers Weekly

The commonwealth presented sufficient evidence to convict appellant of malicious wounding despite his arguments that the victim’s trial testimony was “inherently incredible.” Appellant’s malicious wounding conviction is affirmed. Overview Fisher, the shooting victim, identified appellant, Tucker and Rives as the ...

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

Appellant’s conviction of felony failure to appear  is reversed because there is insufficient evidence that he “willfully failed to appear after receiving proper notice of his court date.” Prior proceedings The trial court convicted appellant of failing to appear for ...

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

There was sufficient evidence to conclude that appellant was the driver in this DUI case. Single-car crash Appellant Billups and White, her co-worker, were involved in a single car crash. May, who was waiting at a red light, saw the ...

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

Where a provision of the sentencing manual is not binding on a court considering a compassionate release motion, it was error for the district court to deny the defendant’s First Step Act motion for release, based on the “threshold requirements” ...

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

The police paraphernalia and equipment discovered in appellant’s Crown Victoria police interceptor model after he was seized was properly admitted at his trial for impersonating a police officer. The evidence was relevant to his intent. His conviction is affirmed. Overview ...

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

The commonwealth’s evidence established that a sexual assault victim was mentally incapacitated and physically helpless when appellant assaulted her at a college fraternity party. Legal standard “[E]ach of the offenses in this case – rape, forcible sodomy, and animate object ...

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

The commonwealth presented sufficient evidence from which the jury could conclude that appellant shot the victim and did so with premeditation. Appellant’s first-degree murder conviction is affirmed. Overview Timothy Croskey, the murder victim, lived with his mother, Tracey Croskey. The ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

The trial court correctly ruled that a witness’s statements at trial, which appellant challenged as hearsay, were admissible. The statements were not hearsay because they were not “offered for their truth.” Overview Appellant Davis was indicted for murder, conspiracy to ...

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

Where appellant was convicted of grand larceny of a motor vehicle, the trial court’s restitution order must be reduced on remand. The car dealership did not itemize some of the claimed expenses to recover the vehicle. Overview On May 25, ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Appellant’s conviction for driving on a suspended license, fifth offense, is reversed. The prosecution has conceded that appellant lacked sufficient notice that her license was suspended when she committed the offense. Prior proceedings In July 2016, a police officer made ...

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