Virginia Lawyers Weekly VA Lawyers Weekly

The trial court did not abuse its discretion by revoking appellant’s suspended sentences for violating his probation. But the court miscalculated the length of his active sentence. A remand for the correct calculation is necessary. Overview Bailey pleaded guilty to ...

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

Even though the young victim was declared to be incompetent to testify, the trial court did not err by admitting her out-of-court statements as evidence. Statement of the case “A jury convicted Dilliraj Bista of sodomy of a child under ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

The trial court properly allowed a victim impact statement and testimony from a mother whose daughter died from an overdose of drugs that appellant supplied. Facts Samantha Rigdon and her young son lived with her mother, Deborah Rigdon (Rigdon). Rigdon ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Appellant’s conviction for bribing a witness is affirmed based on the victim-witness’ credible testimony. Overview “Appellant was convicted of abducting and raping G.H. in 2004. G.H. did not testify because he pled guilty and was convicted in a manner consistent ...

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

The trial court applied an incorrect standard when it granted appellant’s motion to suppress his post-Miranda statements. Background After being stopped by two police officers, Skillman and Kirby, appellant Thornhill consented to a vehicle search. The search revealed a baggy ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where the trial court revoked all of appellant’s suspended sentences for a probation violation and did not resuspend any portion of them, there was no error given his long criminal history and failure to report to a drug rehabilitation program. ...

Tagged with: Criminal Judge Doris Henderson Causey Virginia Court of Appeals

Where a detainee’s motion for compassionate release argued that his convictions and sentence were unlawful, his motion was denied. Because 28 U.S.C. § 2255 is the exclusive method of collaterally attacking a federal conviction or sentence, a criminal defendant is ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

Where an officer testified that he prolonged a traffic stop because the driver was slow to pull over and excessively nervous while driving in a drug corridor, but video evidence did not support his testimony, and traveling on a known ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory

Where the defendant moved under the First Step Act to have his felony conviction reclassified as a misdemeanor so that he could escape the collateral consequences of the felony conviction, his motion was denied. The text of the First Step ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where the defendant argued that his state-court sentencing documents did not indisputably show he was convicted for a covered drug offense, but the sentencing sheet referred only to manufacture and possession with intent to distribute, and there was no reason ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing