Virginia Lawyers Weekly VA Lawyers Weekly

A man charged with leaving three minor children alone at a shopping center failed to show a justifiable reason for his action, and his conviction for contributing to the delinquency of a minor by abuse or neglect is affirmed. Background ...

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

Although the judge entered a general finding that the defendant stole jewelry and silver, the payout by the insurance company was sufficient to support a $58,000 restitution award. Background In December of 2014, the victim hired appellant to help around ...

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

The totality of the evidence established that an arsonist’s inculpatory statements were knowingly and voluntarily made. Background A jury convicted Nicholas Secret of arson of an occupied dwelling and nine counts of attempted first-degree murder. On appeal, Secret contends the ...

Tagged with: Criminal Justice Elizabeth A. McClanahan Supreme Court of Virginia

An inmate’s career offender status doomed his motion to reduce his drug offense 210-month sentence. Background On Oct. 1, 2009, a grand jury returned a three-count indictment against Malcolm Carl Young. Count one charged Young with distribution of cocaine base. ...

Tagged with: Criminal Judge Glen E. Conrad U.S. District Court - Western District

In a sex trafficking conspiracy trial, the government may introduce threats made by the defendant to victims and others. Background This case is set for a seven-day trial beginning Oct. 15, 2018. At the pretrial conference held on Oct. 9, ...

Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District

The government cannot introduce evidence against a man charged with sex trafficking and child pornography regarding his alleged sexual abuse of a minor. Background By a superseding indictment filed on Dec. 19, 2017, Richard Todd Haas was charged with four ...

Tagged with: Criminal Judge Robert E. Payne U.S. District Court - Eastern District

With some arguments barred on appeal, and sufficient evidence in the record to support the reliability of a drug dog, the court affirmed the trial court’s denial of defendant’s motion to suppress cocaine found in his waistband. Background On Sept. ...

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

In affirming the conviction, the court noted that while the defendant did not possess the firearm, the record showed he was aware of it and intentionally used its presence to his benefit to participate in and accomplish wrongdoing. Background At ...

Tagged with: Criminal Judge Teresa M. Chafin Virginia Court of Appeals

Interpreting “fair market replacement value” as an issue of first impression, the court found the state met its burden in proving replacement costs of a scale in Wegmans’s that was deliberately destroyed by defendant, and it affirmed the man’s conviction ...

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

Although initial detention and frisk of defendant were reasonable, the police lacked probable cause to remove a glass tube from the defendant’s pocket because it was not immediately apparent that the item was a weapon or contraband. Background At about ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals