Virginia Lawyers Weekly VA Lawyers Weekly

The Court of Appeal rejects defendant’s claim that he cannot be convicted of both felony murder and lynching-by-mob for his role in the robbery and beating of three men, that led to the death of one of the victims. Defendant ...

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

A police officer who came to defendant’s apartment minutes after getting an anonymous tip that “‘a white male named Jimmy Smith and a black male named Bobby’ were inside the residence and Bobby was selling drugs to Jimmy,” and who ...

Tagged with: Judge James W. Haley Jr. Search & Seizure Virginia Court of Appeals

A defendant accused of taking indecent liberties with his girlfriend’s seven-year-old daughter, who wanted to introduce evidence of her alleged prior “sexually curious” behavior, did not demonstrate that he provided the necessary notice under the rape shield statute and the ...

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

Police who responded to a call about an assault in progress and saw an upset and disheveled woman who pointed to defendant as the person who had assaulted her could follow defendant and detain him, and the Court of Appeals ...

Tagged with: Search & Seizure Virginia Court of Appeals

There was sufficient evidence to convict defendant of grand theft of a Jeep Cherokee, as a principal in the second degree, even though he says he only rode in the vehicle, and the Court of Appeals upholds the conviction. A ...

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

A self-employed plumber who used a privately issued government identification document at TSA airport checkpoints, and admitted to a federal agent that he believed TSA agents probably assumed he worked for the government, is not entitled to a judgment of ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

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