Home / Opinion Digests / Criminal Law (page 6)

Criminal Law

Elements of Conspiracy to Possess with the Intent to Distribute Cocaine – Constructive Possession (access required)

Williams v. Commonwealth (VLW No. 017-6-098, 5pp.) (order) Record No. 170101. Appealed from the Court of Appeals of Virginia. Holding: Where the appellant-defendant’s conviction of possession with the intent to distribute cocaine was based on a finding that he conspired ...

Read More »

Constitutional – Procedural Due Process – Revocation of Suspended Sentence (access required)

Washington v. Commonwealth (VLW No. 017-7-274, 12 pp.) (Decker, J.) Appealed from Hampton Circuit Court (Taylor, J.) Va. App. Unpub. Holding:  Following defendant’s arrest for violating his probation by using drugs, the drug treatment court held a hearing terminating him ...

Read More »

Statutory Construction – Firearms – Felony Predicate (access required)

Cartagena v. Commonwealth (VLW No. 017-7-282, 12 pp.) (Russell, J.) Appealed from Virginia Beach Circuit Court (Padrick, J) Va. App. Pub. Holding:  Defendant was convicted of falsifying a firearm consent form, attempted possession of a firearm by a felon, and ...

Read More »

Financial Exploitation – Credit Card Fraud – Evidence (access required)

White v. Commonwealth (VLW No. 017-7-288, 11 pp.) (Decker, J.) Appealed from Richmond Circuit Court (Hughes, J.) Va. App. Pub. Holding: Defendant-home care aide appeals convictions for financial exploitation of a mentally incapacitated person and credit card fraud, in violation ...

Read More »

Motor Vehicles – Suspension of Driving Privileges – Fisherman Exemption (access required)

Grasty v. Commonwealth (VLW No. 017-7-289, 8 pp.) (Humphreys, J.) Appealed from Newport News Circuit Court (Sugg, J.) Va. App. Pub. Holding:  Appellant driver was convicted of a third or subsequent offense of driving on a suspended or revoked license ...

Read More »

Motion to Strike – Issue for a Jury – Common Knowledge and Experience (access required)

Commonwealth v. Antwan Ray Green (VLW No. 017-8-103, 8pp.) Fairfax Cir.Ct. Case No. FE-2016-1048 Holding: Where the defendant was charged with maliciously wounding the victim with the intent to cause the involuntary termination of her pregnancy and has moved to ...

Read More »