A detective’s identification of appellant from a security video provided sufficient evidence that appellant was involved with a burglary, grand larceny, larceny of a firearm, conspiracy to commit burglary, and credit card theft. Inference “[S]ince we conclude below that White, ...

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

On remand from the Supreme Court of Virginia, we find appellant’s statutory and constitutional speedy trial rights were not violated when the presiding judge declared a mistrial after he injured his back. Further, the judge correctly denied a defense motion ...

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

A bus security video showing appellant twice striking the victim with a bottle was sufficient to establish the necessary malice for a malicious wounding conviction. Prior contact? Appellant “Acheampong … testified that in 2015, he had come into contact with ...

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

The victim provided credible evidence that appellant beat her on two different occasions after she initially refused to drive him to an automotive race track. Delayed report The victim, Garver, appellant Sturdy’s live-in girlfriend, testified that the first assault occurred ...

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

Appellant’s jury conviction for several sex crimes involving a 13-year-old child must be reversed. The trial court incorrectly denied several requests for funds to pay for experts to bolster appellant’s defense that a particular interrogation technique led him to falsely ...

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

Where appellant’s indictment charged that he abducted a mother and her child, there was not a fatal variance between the indictment and the evidence presented at trial. The commonwealth was not required to prove that appellant abducted both individuals. Legal ...

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

Where the Virginia Museum of Fine Arts discharged appellant for addressing a coworker with a “racial slur,” he did not preserve most of his claims for appellant review because he failed to explain why his discharge was contrary to law. ...

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

Appellant’s arson conviction is affirmed because the record supports findings that the fire in her house was not accidental, that appellant set the fire and that she did so with malice. Arson elements “To convict Goodman of arson of an ...

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

Where appellant was convicted under Code § 46.2-894 with leaving the scene of an accident, the conviction is affirmed because he drove 200 to 300 feet away instead of stopping “as close to the scene of the accident as possible ...

Tagged with: Criminal Judge Clifford L. Athey Jr. 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