Virginia Lawyers Weekly VA Lawyers Weekly

Even if a trial court erred in admitting the government’s expert in a DUI trial, there was overwhelming evidence that the defendant drank enough alcohol to be found guilty of driving while intoxicated. Background On Nov. 29, 2015, appellant’s vehicle ...

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

Where the trial court did not consider the nature of the offense and the potential threat to others before setting bond at $25,000, the defendant,  a man accused of raping and sodomizing his granddaughter, did not overcome the statutory presumption ...

Tagged with: Criminal Per Curiam Opinion Virginia Court of Appeals

Where an inmate claimed he was denied effective counsel because his lawyer met with him only twice, the court rejects the habeas writ  because there is no minimum number of meetings required of to provide effective representation. Other claims had ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Where the government and defendant jointly request that the defendant’s 132-month prison term was eligible for reduction to 102 months under the 2018 U.S. Supreme Court decision Hughes v. United States, the request is granted. Background Defendant was previously charged ...

Tagged with: Criminal Judge Glen E. Conrad U.S. District Court - Western District

Claims by a defendant convicted of conspiracy in a luxury car scheme that a judge’s jury instruction constructively amended the indictment against him in violation of the Fifth Amendment, was rejected, as the instruction did not alter the element of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Despite an affidavit asserting jurors made racially tinged statements, the district court did not abuse its discretion in concluding that interviewing jurors would not likely reveal evidence that racial animus was a motivating factor in the vote to convict defendant ...

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

Although a driver prevailed in his traffic-infraction trial based upon a video, that did not collaterally estop his subsequent perjury trial, in which the ultimate issue was false testimony, not the video’s accuracy. Background On the morning of April 13, ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where a judge issued a sequestration order, but did not state that it applied to all witnesses, a discussion between a witness and another woman did not impact the witness’ testimony or prejudice the defendant, and her conviction for submitting ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

An optometrist lost his appeal challenging his conviction for sexual battery after a trial on allegations he inappropriately touched more than one complaining witness. Background Three women testified that appellant, a licensed optometrist, inappropriately touching them during eye exams. Appellant ...

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

Where the commonwealth failed to prove the date of a video purporting to show the defendant at an ABC store and failed to prove that the defendant willfully concealed a bottle with the intent to steal from the store, the ...

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