Virginia Lawyers Weekly VA Lawyers Weekly

The Supreme Court upholds the first-degree murder and firearm convictions of a woman who fatally shot her husband, a retired state trooper, but claimed he had been killed by an intruder; the trial court did not err when it denied ...

Tagged with: Criminal Justice Harry L. Carrico Supreme Court of Virginia

A daycare provider who placed a 33-pound collapsed “dog crate” over the top of a toddler’s portacrib to prevent him from standing during nap time, can be convicted of involuntary manslaughter for the child’s death after his head became wedged ...

Tagged with: Criminal Justice Cynthia D. Kinser Supreme Court of Virginia

Although the first psychologist who evaluated appellant as a “sexually violent predator” did not satisfy the “treatment” criteria of Va. Code § 37.2-904, the commonwealth promptly substituted a qualified professional for another evaluation and an amended petition and it “substantially ...

Tagged with: Criminal Justice Donald W. Lemons Supreme Court of Virginia

In this rape and robbery case remanded from the U.S. Supreme Court in light of Melendez-Diaz v. Massachusetts, the Supreme Court of Virginia says the commonwealth’s failure to call as witnesses two forensic scientists who played preliminary roles in the ...

Tagged with: Criminal Justice Cynthia D. Kinser Supreme Court of Virginia

In two consolidated cocaine cases remanded from the U.S. Supreme Court in light of Melendez-Diaz v. Massachusetts, the Supreme Court of Virginia says admission into evidence of certificates of analysis pursuant to former Va. Code §§ 19.2-187 and 187.1 violated ...

Tagged with: Criminal Justice Cynthia D. Kinser Supreme Court of Virginia

A defendant cannot challenge her perjury conviction because she failed to proffer how two police officers would testify, had she been allowed to question the officers and another witness concerning the potential bias of the two officers, and the Court ...

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

The Court of Appeals reverses defendant’s conviction of failure to return rental property within 10 days of the expiration of the rental agreement, in light of the stipulation that two of the items – a brake and handle – were ...

Tagged with: Criminal Judge Jere M.H. Willis Jr. Virginia Court of Appeals

The Court of Appeals affirms defendant’s convictions despite his contention that the commonwealth did not prove he knew the check he used to open a bank account was forged. Defendant opened a new checking account with a check drawn on ...

Tagged with: Criminal Judge Rudolph Bumgardner III Virginia Court of Appeals

Although defendant contractor had not ordered kitchen cabinets when he told a homeowner that he needed a $1,500 draw from her construction loan because the cabinets were on order, this false statement was not sufficient to prove the contractor had ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

In this first-impression decision, the Court of Appeals says a trial court did not abuse its discretion in identifying factors to consider, and in ultimately finding, good cause to deny a motion for abatement ab initio of the incest conviction ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals