A second federal judge in Virginia has concluded that giving the finger to a police officer does not create enough suspicion of trouble to justify a traffic stop. The decision overturns a jury verdict in favor of a Patrick County ...

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

Where defendant has been charged with performing invasive procedures without an appropriate license, his motion to dismiss on the basis that the relevant statute is vague and overbroad is denied. Defendant Riding has moved to dismiss his indictment on 34 ...

Tagged with: Criminal Judge Josiah T. Showalter Jr. Virginia Circuit Courts

Where appellant, who was representing himself, testified as to his good character during the sentencing phase of his jury trial, the court properly allowed the commonwealth to cross-examine him about his prior criminal record. Proper rebuttal “Appellant argues that the ...

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

Where a sex abuse victim and her mother confronted appellant and recorded the conversation, there was no hearsay violation when the court admitted a portion of the recording that contained the victim’s accusations and appellant’s response. Background Appellant appeals his ...

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

After reviewing evidence developed by the circuit, we conclude petitioner is not entitled to a writ of actual innocence based on nonbiological evidence. Overview Petitioner Dennis was accused of attacking Harrison with a pipe and wounding him with a gun ...

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

There was sufficient evidence to convict appellant of two counts of assault and battery of a police officer, assault and battery, and animal cruelty. Facts Appellant Blankenship arrived at Andrews’s home. Andrews and others were outside the house when he ...

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

Where appellant used his cell phone to make unauthorized withdrawals from his grandmother’s bank account, his computer fraud conviction is affirmed. His cell phone was a device that fell within the statutory definition of a computer. Overview Appellant was charged ...

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

The trial court properly qualified a sexual assault nurse examiner as an expert at appellant’s rape trial even though she had not taken the certifying examination. Overview Appellant Wakeman was charged with two counts of rape. The commonwealth called Balciunas, ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where the evidence shows that it was appellant’s idea to become a confidential informant and participate in a controlled drug buy with a high-level distributor, the trial court correctly refused to instruct the jury on entrapment at appellant’s trial for ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

There was no error in the wiretaps used to identify defendant’s participation in a drug distribution ring. Moreover, the evidence was sufficient to support the convictions and there was no error in calculating the amount of heroin for sentencing purposes. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion