Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant claims he did not know he was driving a stolen truck, the trial court correctly discounted his explanation that he paid someone $40 to drive on his birthday. Appellant provided no identifying information for this person other than ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Appellant’s conviction for attempting to disarm a police officer is affirmed. The officer testified that appellant grabbed for her service pistol several times, Further, in viewing the evidence in a light most favorable to the commonwealth, appellant admitted to her ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where the trial court suspended a portion of appellant’s sentences, “the period of suspension of the suspended sentences” began to run upon his release from prison and not, as he argues, upon the court’s pronouncement of the suspended sentence. As ...

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

Where appellant had no possessory interest in the residence and lacked permission to be there when she and an accomplice “went to the residence, … kicked in the front door” and went inside, this was sufficient evidence to support her ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where a defendant indicted in 2019 for violating a 2014 removal order argued the 2014 order was invalid, because he was sufficiently apprised of the charges against him in that prior proceeding and could not demonstrate any prejudice, his collateral ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

The warrantless forensic searches of defendant’s electronic devices lacked the requisite nexus to the recognized historic rationales justifying the border search exception. Background In April 2015, a minor alerted law enforcement officers that Raymond Idemudia Aigbekaen and another man had ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Where the district court relied upon an incorrect provision in denying the defendant’s motion for a reduced sentence under the First Step Act of 2018 and the defendant was serving a sentence for a covered offense, the case was remanded. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Even though appellant was transferred from a county jail to the Department of Corrections despite the circuit court’s order prohibiting the transfer while his motion to reconsider his sentence was pending, the court lost jurisdiction to hear the motion once ...

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

Where appellant was tried for malicious wounding on a concert of action theory and some prospective jurors knew a co-defendant who was tried separately had been convicted, the trial court correctly refused to disqualify those jurors. “[T]his Court declines to ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where a jury convicted appellant of object penetration of a child and taking indecent liberties with her, the trial court correctly refused to dismiss the charges on the basis that the commonwealth did not timely disclose exculpatory evidence. Overview Under ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals