Virginia Lawyers Weekly VA Lawyers Weekly

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

Although defendant contends any detention of the victim was “merely incidental” to the alleged sexual assault, the Court of Appeals upholds his conviction for abduction with intent to defile, based on evidence that he entered a parking deck stairwell, overtook ...

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

Although defendant contends he did not act with the specific intent to maim, disfigure, disable or kill the victim when he used a firearm to take his money, the Court of Appeals nevertheless affirms his conviction. Defendant entered the victim’s ...

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

A defendant who gave false identity information to Virginia Beach police when they questioned him in a motel room cannot be convicted of a misdemeanor under the local ordinance because he was not a “place open to the public” at ...

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