Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant received a deferred disposition of a marijuana possession charge in 2007, the trial court correctly ruled that he could not receive a deferred disposition of a methamphetamine possession charge under the amended version of the deferred disposition statute. ...

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

The commonwealth’s mid-trial Brady disclosures about a rebuttal witness did not violate appellant’s due process rights or deny him a fair trial. Overview Appellant was convicted of robbery and wearing a mask or hood to conceal his identity. He claims ...

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

Appellant’s argument that consensual sexual activity with another provides consent to be recorded while doing so is rejected. His conviction under the unlawful filming statute is affirmed. Overview Appellant Johnson made “many” secret recordings of his sexual activity with D.B. ...

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

Where appellant’s daughter testified against him at his rape trial via closed-circuit television, the technology provided satisfied the relevant statute’s requirement to provide him “contemporaneous communication” with his counsel. In the trial court Appellant Ruff was accused and convicted of ...

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

Where FedEx packages containing cocaine were intentionally addressed to a deceased person, the intended recipient lacked any expectation of privacy because he had no ability to exercise ownership, possession or control of the packages at the time they were searched. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where a trooper’s search of a rental car was supported by individualized reasonable articulable suspicion, including the vehicle’s quick in-and-out of Arizona based on the license plate reader system and the co-defendant’s responses to questions, the defendant’s motion to suppress ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Where the defendant was indicted in 2020 for possession of child pornography, details about a 2009 child pornography conviction were admissible because they explained why the probation officer was visiting the defendant in 2019 when he discovered the material. However, ...

Tagged with: Criminal Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Appellant was properly convicted of rape after he forced his wife to have sex despite her repeated attempts to push him away and requests to stop. His argument that because the victim was his wife, the commonwealth needed to prove ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant was convicted of one count of possessing child pornography and 99 counts of possessing child pornography as a second or subsequent offense, there was sufficient evidence that he knowingly possessed the images that the police found on three ...

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

Where appellant argues that the court did not state on the record that it considered mitigating evidence before revoking her suspended sentence, she has not preserved the argument for appeal. Further, the ends of justice of justice exception does not ...

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