Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Criminal Law (page 4)

Criminal Law

Paraphernalia conviction requires proof of intent (access required)

Appellant’s conviction of possessing controlled paraphernalia is reversed. The trial court ruled that appellant’s the mere possession of an unused hypodermic syringe and needle was sufficient to convict Code § 54.1-3466. However, the statute is best understood as requiring both ...

Read More »

Commonwealth’s witness did not ‘adulterate’ testimony (access required)

Where a second commonwealth witness was present in the courtroom when another commonwealth witness testified during defendant’s trial for making false Medicaid payment applications, the trial court properly ruled that allowing the second witness to testify would not prejudice defendant. ...

Read More »

Commonwealth’s jury trial request was not vindictive (access required)

Where appellant claims the prosecutor violated his speedy trial rights by vindictively dismissing the charges and reindicting him, the record establishes that the prosecutor dismissed and reindicted due to conflicts in the trial court’s schedule. Overview On Oct. 1, 2018, ...

Read More »