Where Fields, a prospective juror at appellant’s DUI trial, had been twice convicted for felony DUI, he was properly struck for cause. Fields’s “two felony convictions coupled with the lack of clear evidence that his rights had been subsequently restored ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where the evidentiary, legal and sentencing challenges of a man convicted of sexual exploitation of his daughter and possession of pornography were rejected, the judgment was affirmed. Background William Ebert appeals his conviction and sentence for one count of sexual ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Evidence from a warrantless search was properly excluded where police were drawn to the defendant’s parked car by the odor of burning marijuana, the Court of Appeals of Virginia held in an unpublished opinion. While smoking marijuana had recently been ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Even assuming an ATM is a computer, appellant did not operate it without authority when she used it to deposit forged checks. Her computer fraud conviction is reversed. The computer fraud statute forbids using a computer without authority to do ...

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

The trial court correctly told the jury at appellant’s rape trial that it could not consider his intellectual disability in relation to the victim’s consent. A new diminished capacity statute does not require the commonwealth to prove “that he knowingly ...

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

Where police entered appellant’s apartment without a warrant, evidence found during the search should have been suppressed. Police lacked probable cause or exigent circumstances to enter. Appellant’s conviction for a drug offense is vacated and the case is remanded for ...

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

Where police detained appellant while investigating a domestic assault, even assuming without deciding that she was arrested, the police had probable cause to do so upon information that she allegedly was the “primary aggressor.” Her attack of a police officer ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where appellant was convicted after a bench trial of the attempted first-degree murder of his girlfriend, destruction of property and several firearm offenses, appellant’s text messages to the girlfriend after he shot at her were properly authenticated and could be ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted of eluding the police in one county, double jeopardy principles do not prevent his prosecution in another county for eluding because there were two separate incidents. Two separate acts “The only relevant inquiry in this case ...

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

Even though an expert witness testified at trial about matters not disclosed to appellant before his trial on a drug possession charge, the testimony was properly admitted. The failure to disclose did not prejudice appellant. Traffic stop Police stopped appellant ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals