Virginia Lawyers Weekly VA Lawyers Weekly

Where an apartment was searched after the sole renter consented, a police officer could reasonably have believed that the consent extended to a suitcase found next to appellant’s safe in a bathroom. Evidence found in the suitcase was properly used ...

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

The trial court correctly determined that the plea agreement between the commonwealth and appellant was a valid contract, which he entered into knowingly, intelligently and voluntarily. Appellant acted in bad faith in moving to withdraw his pleas, and his motion ...

Tagged with: Criminal Judge Mary Grace O'Brien U.S. District Court - Eastern District

Appellant’s argument that his convictions should be set aside because the commonwealth did not disclose impeachment evidence relating to one of its witnesses is belied by the record. Overview Appellant was convicted of first-degree murder, conspiracy to commit first-degree murder ...

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

Where appellant did not challenge his indictment for criminal street gang recruitment before the court found him guilty after a bench trial, he cannot appeal his conviction on the basis that the indictment charged him with making a felonious threat ...

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

Where appellant was a passenger in a vehicle a police officer stopped after it ran a red light in “high crime, high drug area,” the officer had reasonable suspicion to pat down appellant after smelling marijuana in the vehicle. The ...

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

The trial court correctly determined that appellant’s plea agreement relating to two charges of unauthorized use of a motor vehicle did not bar the commonwealth from later seeking to revoke appellant’s suspended sentences after he violated his probation by committing ...

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

Where the commonwealth offered video from a home security system and testimony from three police officers who responded to a burglary, there was sufficient evidence to show that appellant was the perpetrator. His convictions of statutory burglary and petit larceny ...

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

Appellant’s conviction for destruction of property greater than $1,000 is reversed because the court convicted him using an incorrect legal standard. Destruction of property greater than $1,000 is a specific intent crime. It is not a general intent crime, as ...

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

There was sufficient evidence to show that appellant possessed a firearm in a shoebox the police found in a hotel room closet. As a result, his convictions for possessing a firearm while possessing heroin, and possessing a firearm after he ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

Even though appellant complied with all conditions of the plea agreement except for the payment of court costs, the trial court did not abuse its discretion by adjudicating his guilt. Overview Under a plea agreement, Smallwood entered a guilty plea ...

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