Where appellant was convicted of owning a dangerous dog, and the court conditioned her suspended sentence on the dog being euthanized, the court had jurisdiction to enter further orders on the matter. Prior procedure Appellant Stacey was convicted of owning ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

Appellant has defaulted his claim that the trial court erred by convicting him of multiple counts of possessing child pornography after relying on his videotaped interview with an investigator. Although the recording was played at appellant’s bench trial, it was ...

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

Where appellant was convicted of robbery, conspiracy to commit robbery, using a firearm while committing a felony and credit card theft, there was sufficient evidence that he was present at the scene of the robbery. Robbery Jackson parked her car ...

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

Although the district court should not have allowed (1) the employees of two robbed jewelry stores to testify about how the emotional aftermath of the robberies affected their lives or (2) a law enforcement agent to give lay testimony about ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

Where appellant, a volunteer firefighter, drove a fire truck without permission and caused more than $21,000 in damages, he was correctly convicted of unauthorized use of an emergency vehicle. Although appellant argues there was no evidence that he intended to ...

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

Appellant’s convictions for malicious wounding and strangulation are affirmed. There was sufficient evidence of intent on the wounding conviction. The evidence was also sufficient to prove the strangulation caused bodily injury or a wounding to the victim. Background The victim, ...

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

Even though evidence was obtained with a defective search warrant, appellant’s conviction of unlawful possession of a controlled substance is affirmed under the good-faith exception to the exclusionary rule. Search Police learned that a wanted person, Paul Price, was at ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

Where the trial court refused to grant a continuance of appellant’s probation revocation hearing, his hope that a petition for a writ of actual innocence would be filed on his behalf was insufficient to show that he would be prejudiced ...

Tagged with: Criminal Virginia Court of Appeals

Where the parties contested the admissibility of testimony and argument relating to third-party guilt, the court issued its rulings after considering the parties’ arguments and briefs, as well as additional caselaw and statutory authority. Opening argument Defendant cannot delay his ...

Tagged with: Criminal Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

Where a naturalized citizen whose citizenship was revoked in 2016 waited until 2018 before attempting to collaterally attack his 2010 guilty plea on drug charges, and the record showed he could have discovered facts supporting his claim in 2016, his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer