Virginia Lawyers Weekly VA Lawyers Weekly

Where a man pulled over by police officers did not engage in conduct supporting a reasonable suspicion that he was armed and dangerous, and evidence recovered from his vehicle was not in plain view, the evidence was obtained in violation ...

Tagged with: Criminal Judge John A. Gibney Jr. U.S. District Court - Eastern District

There was sufficient evidence to convict appellant for unlawful use of a motor vehicle where the court found the vehicle owner was more credible than appellant. Credibility “A conviction for unauthorized use of a vehicle under Code § 18.2-102 ‘requires ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

Where appellant was convicted of two counts of possession with intent to distribute a controlled substance, there was sufficient evidence to show that he constructively possessed the substances. Further, in each incident resulting in appellant’s conviction, appellant tried to flee, ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where an expert testified that appellant’s possession of almost 10 pounds of marijuana was “inconsistent with personal use” because it would take more than three years for a heavy user to smoke all of it, this was sufficient evidence that ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Appellant’s conviction for burglary is affirmed because there was sufficient evidence that he was the perpetrator. Grab and go Stroud was in a home she shared with several others. Boyles was outside cutting the lawn. Stroud’s 4-year-old child came from ...

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

Where appellant was convicted of both felony murder and elder abuse or neglect resulting in death, any double jeopardy issue was resolved when the two convictions were merged for sentencing purposes. Overview Eileen Myers was appellant’s mother. Appellant was responsible ...

Tagged with: Criminal Virginia Court of Appeals

Where appellant was charged with kicking in an apartment door and assaulting the person inside and, two days later, kicking in the same door and murdering the assault victim, the trial court correctly denied his motion to sever the charges ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals

Appellant’s jury conviction for several sex crimes involving a 13-year-old child must be reversed. The trial court incorrectly denied several requests for funds to pay for experts to bolster appellant’s defense that a particular interrogation technique led him to falsely ...

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

Appellant’s convictions for object sexual penetration and aggravated sexual battery, both involving a child under 13 years old, are affirmed. Credibility Appellant Mayo argues that the victim’s testimony was “inherently incredible and uncorroborated,” given her delay in reporting Mayo’s abuse, ...

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

Where the circuit court revoked appellant’s suspended sentence and re-imposed a portion of it so that he would serve a one and one-half year active sentence, this was not an abuse of discretion. Background Appellant was given a 10-year sentence ...

Tagged with: Criminal Virginia Court of Appeals