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Criminal Law

Delay in trial didn’t violate Sixth Amendment rights (access required)

Where a trial delay was caused by several factors beyond the government’s control, including COVID-19, defendant’s medical problems and a weather-related travel delay, and the defendant showed no resulting prejudice, his motion to dismiss the indictment on speedy trial grounds ...

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Amended sentencing statute does not apply to appellant’s case (access required)

Where a sentencing statute was amended after proceedings to revoke appellant’s suspended sentences commenced, the circuit court’s ruling that the amended statute does not apply to appellant is affirmed. Taylor v. Commonwealth, 44 Va. App. 179 (2004), provides “that ‘when ...

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Decision to not revoke bail remanded (access required)

Where the circuit court denied the commonwealth’s motion to revoke bail, the court’s order is reversed. The circuit court only considered respondent’s alleged new conduct that prompted the commonwealth’s motion. The circuit court did not consider all of the factors ...

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Suspended sentence was correctly revoked (access required)

Appellant’s argument that the circuit court abused its discretion by imposing four months of her 10-year suspended sentence lacks merit. Discussion “Appellant argues that the trial court abused its discretion when it revoked her previously suspended sentence and imposed an ...

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Sufficient evidence to support firearms violation (access required)

There was sufficient evidence to determine that appellant constructively possessed a shotgun found in his truck. His conviction of possession of a firearm by a convicted felon is affirmed. Firearm possession “Appellant’s assignment of error challenges the sufficiency of the ...

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No abuse of discretion when suspended sentence revoked

Where appellant committed a series of probation violations, the trial court correctly revoked her suspended sentence and sentenced her under the probation agreement’s terms, leaving her with a one-year active sentence. Background After being charged with a drug crime, appellant ...

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