Amending an indictment that charged forgery of a public document to charge obtaining property by false pretenses did not change the nature and character of defendant’s offense of falsely listing the name of a construction company in order to obtain ...

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

A defendant who refused to exit a vehicle a detective wished to seize, and who locked the doors and then rolled the window up on the detective’s arm, did not merely passively resist, and the Court of Appeals affirms defendant’s ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

Although there were three occupants of the vehicle stopped by a state trooper and the driver testified that the three firearms found in the vehicle belonged to him, the trooper observed defendant passenger making furtive movements, leaning and reaching, toward ...

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

Although a prospective juror twice agreed with defense counsel’s query during voir dire about thinking defendant “must be here for a reason,” the juror indicated she could judge defendant impartially after the trial judge reminded her that defendant’s indictment and ...

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

A defendant who broke into his estranged wife’s home through a storage shed access point not visible from the outside, disabled the alarm system, altered the stove to allow gas to escape, then placed a lighted candle near the stove, ...

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

The Court of Appeals reverses revocation of defendant’s previously suspended sentences for 2004 convictions of robbery and malicious wounding, based on the trial court’s violation of his due process rights by admitting hearsay evidence through the testimony of a probation ...

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

The testimony of defendant, a retired police officer of 25 years, that he grabbed his gun and shot at his wife to scare her away after thrust a knife at him, provided more than a scintilla of evidence to support ...

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

Double jeopardy protections do not apply to probation revocation proceedings, and the Court of Appeals rejects defendant’s contention that the trial court punished him twice for the same conduct in first revoking a portion of his suspended sentence on sex ...

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

A petitioner who instructed his trial lawyer in person and in writing that he did not want her to file an appeal for him, he only wanted her to “reopen” the case to allow another lawyer hired by his brothers ...

Tagged with: Criminal Justice Elizabeth A. McClanahan Supreme Court of Virginia

A Richmond U.S. District Court denies defendant’s motion to dismiss two firearms charges under 18 U.S.C. § 924(c)(1)(A)(ii) based on his argument that the two charged Hobbs Act robberies, of a McDonald’s and a Radio Shack, were not “crimes of ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District