Virginia Lawyers Weekly VA Lawyers Weekly

The Court of Appeals says a trial court did not lack jurisdiction to revoke defendant’s probation to reimpose six months of his previously suspended sentence for grand larceny, despite defendant’s claim that the probation revocation hearing was held after the ...

Tagged with: Criminal Judge Walter S. Felton Jr. Virginia Court of Appeals

An officer’s search of a vehicle for identification after arresting defendant for providing false information about his identity did not violate defendant’s Fourth Amendment rights under Arizona v. Gant, and the Court of Appeals upholds defendant’s convictions on the false ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals

Although the victim survived several weeks after being shot three times in the chest and once in the head, his statement that defendant shot him, made to his girlfriend who found him and overheard by the 911 telephone dispatcher, was ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

A district court erred in granting post-conviction relief from a weapons-possession sentence enhanced under the Armed Career Criminal Act, based on the state court’s vacatur of two of the five state court convictions used for the enhancement; because defendant could ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allyson K. Duncan

A Richmond U.S. District Court grants the government’s motion to strike an untimely brief for return of property filed by a man who claims $11,210 in U.S. currency seized from his vehicle along with a small amount of marijuana, and ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant’s confession was a critical part of the commonwealth’s case and the trial court erred in not recognizing that defendant’s statement, “That’s what I want, a lawyer,” was an unequivocal request for counsel that should have been honored by ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

The Court of Appeals rejects defendant’s claim that the trial court erred in using a prior conviction for driving as an habitual offender under the Danville City Code to enhance his habitual offender punishment under Va. Code §§ 46.2-357 for ...

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

In this case involving unauthorized use of a truck left at appellant’s house while the owner went out of town for a funeral, the commonwealth had evidence to charge both men with hit and run after an accident in the ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

The Court of Appeals dismisses as moot defendant’s appeal of a final order authorizing his treating physician to administer medical and psychological treatment against defendant’s will, pursuant to Va. Code § 37.2-1101, as the order expired during the pendency of ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Police who saw a quarter-inch marijuana stem on the floor while issuing a summons to defendant for driving on a suspended license could detain defendant and question him about the marijuana after reading him his rights, and the Court of ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals