A crime victim who assisted the commonwealth in the criminal prosecution against his assailant will himself be retried for making threats against the assistant commonwealth’s attorney and a police detective. The question is whether his purpose in making the threat ...

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

Where a defendant did not contest the fact that he unlawfully entered the home of another and the homeowner testified that money she left on her dresser was missing after the break-in, the defendant’s conviction was proper because it could ...

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

A conviction for aggravated involuntary manslaughter was upheld, as it was based on the presence of multiple drugs in the defendant’s system and his admission, after initially denying that he had consumed alcohol or drugs, that he had received a ...

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

A defendant was not entitled to a departure from the mandatory minimum sentence based on his completion of a term of imprisonment on a related offense because no congressional statute authorizes a departure from the mandatory minimum sentence on this ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

In an issue of first impression, the court held that a defendant who persuaded a jury in a civil False Claims Act case that he did not defraud the government could not use that success as a shield against criminal ...

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

Where a probation officer forbade a defendant from having any contact with children even though the sentencing court had allowed him to have such contact if he was supervised by an adult who knew about his conviction, the defendant did ...

Tagged with: Criminal Judge Teresa M. Chafin Virginia Court of Appeals

Where the government was required to prove that the defendant had previously been convicted of a violent felony to obtain a conviction and the defendant agreed to stipulate to the same, the government did not need to accept the stipulation ...

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

A defendant who lied in open court, but maintained the lie should be ignored because it was not “material” to the pending charge, was found guilty of perjury. The lie was “material” because it provided additional support to his defense. ...

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

The defendant argued that simply being intoxicated at lower blood alcohol concentrations, without more, was insufficient to support the conviction for DUI maiming. The court held, however, that there was a wealth of additional evidence to support the conviction, including ...

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

The defendant claimed she led a police officer on a high-speed chase because the police lights triggered memories of a childhood assault. She sought to have her therapist testify in support of her defense. The court held that expert testimony ...

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