Virginia Lawyers Weekly VA Lawyers Weekly

Where the circuit court imposed an active sentence that was longer than the statutory 14-day maximum for a second technical violation of a probation condition, the sentencing order is void ab initio and the case is remanded for resentencing. “As ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Where psychological reports from defendant’s sanity evaluation were admitted into evidence, the reports are “open to public inspection.” Overview Defendant pleaded not guilty to charges of second-degree murder and violating a protective order. He pleaded not guilty. A grand jury ...

Tagged with: Criminal Judge Randy I. Bellows Virginia Circuit Courts

Where the trial court ordered appellant not to contact the victim as a special condition of his suspended sentence, the court properly imposed an active sentence after appellant violated the no-contact order. “Appellant argued that by contacting the victim, he ...

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

There was sufficient evidence that appellant failed to provide her dog adequate care, “which [made] it not improbable that injury [would] be occasioned’ and knew ‘the probable results of [her] acts,’ thereby willfully inflicting inhumane injury and pain on [the ...

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

Even though there was a 26-year delay before appellant was indicted for forcible sodomy, robbery, and abduction with intent to defile, there was no due process violation. The prosecutor did not intentionally delay the matter. The delay did not prejudice ...

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

The court did not abuse its discretion by giving appellant a six-year active sentence for his convictions of assault as a hate crime, assault of a law enforcement officer, and misdemeanor assault and battery of a family member. Analysis “The ...

Tagged with: Criminal Virginia Court of Appeals

The trial court correctly considered evidence of unadjudicated criminal activity when giving appellant a 52-year 84-month sentence after he pleaded guilty to, among other things, seven counts of peeping. Overview Appellant Joe fell through the ceiling of a women’s locker ...

Tagged with: Criminal Virginia Court of Appeals

Where a Maryland federal magistrate judge refused to release a defendant charged with making false statements in connection with acquiring firearms because he was a flight risk, but a Virginia magistrate judge then concluded he was not a flight risk ...

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

Where appellant shot the victim three times in a mall food court, he was properly charged and convicted of voluntary manslaughter and three counts of maliciously shooting within an occupied building. Background Taylor, his mother and sister, and Taylor’s two-year-old ...

Tagged with: Criminal Judge Lisa M. Lorish Judge Vernida R. Chaney Virginia Court of Appeals

Where appellant was convicted of four counts of obtaining money by false pretenses, there was sufficient evidence that he knew he was cashing checks from a closed account. Overview Bernie and his wife, Cindi, lived at a house on Augusta ...

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