Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant was convicted of first-degree murder, there was sufficient circumstance evidence to exclude the possibility that he was not the murderer. Background Smith, the murder victim, had been shot “at least seven times.” A neighbor’s security camera “shows that ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Where there was a shotgun in a bedroom closet at appellant’s home, he was properly convicted of possession of a firearm by a convicted felon. There was sufficient evidence that he had constructive possession of the shotgun. Discussion “To prove ...

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

A statute that bars searches basely only on the smell of marijuana and excludes evidence resulting from a search does not apply retroactively. Argument Appellant “Goodwin appeals the trial court’s denial of their pretrial motion to exclude evidence of disorderly ...

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

Where the defendant was found guilty of first-degree assault and battery under South Carolina law after he “engaged in an unjustified, merciless beating” of an unarmed, 72-year-old security guard that caused “permanent damage” to one of the victim’s eyes, that ...

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

Where the defendant was deported to Mexico to serve his sentence, pursuant to a treaty between the United States and Mexico, and when he then illegally reentered the United States after he was released by Mexican authorities, the district court ...

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

Where the defendant received a sentencing enhancement for recklessly creating “a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer,” but there was no evidence showing he reached ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where appellant was convicted of carrying a concealed handgun while intoxicated, the conviction is reversed. The holstered handgun was in a zippered bag on the passenger seat of the vehicle he was driving. Under the relevant statute, to convict, the ...

Tagged with: Criminal Justice Cleo E. Powell Supreme Court of Virginia

Where the trial court revoked appellant’s sentences and imposed a 10-year active sentence after concluding he refused to cooperate with probation, there was no abuse of discretion. Probation conditions “Appellant … contends the trial court abused its discretion by punishing ...

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

Where appellant was convicted of several sex crimes involving a child under 13 years old, there is sufficient evidence to support a finding that the child was less than 13 when the offenses occurred. Reasonable inference “There was sufficient evidence ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

Where appellant was convicted of possessing a controlled substance, there is sufficient evidence that he knew that the bottom of a soda can contained heroin residue. Knowledge “Lane relies on his testimony that Culpepper gave him a ‘clear baggy’ and ...

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