Drug evidence in a mint container found in the vehicle appellant was driving will be suppressed. The police lacked probable cause to search the container and no exception to the Fourth Amendment’s warrant requirement applied. Overview Hudgens, a police officer, ...

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

Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

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

Where appellant ran from the scene of a fatal car crash, was escorted back by police officers and, while receiving treatment for his injuries, police initiated a DUI investigation of the crash, he was not in custody until an officer ...

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

Assuming, without deciding, that there was sufficient evidence to support a manslaughter instruction at appellant’s first-degree murder trial, any error in failing to given the requested instruction would be harmless. Because the jury returned a first-degree murder verdict, it never ...

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

Where appellant offered a self-defense claim to a second-degree murder charge, the trial court properly excluded portions of his police interview containing hearsay statements relating to the victim’s violent reputation. The court allowed appellant to present non-hearsay evidence to bolster ...

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

Appellant’s 18 assignments of error in this appeal arising from the modification of a child support obligation are denied, as are two cross-assignments of error from the appellee. After considering the equities of this case, appellee is awarded $12,663 in ...

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

Appellant’s conviction for providing false identifying information to a police officer is upheld. Despite his argument that he had a consensual encounter with the police, he was “lawfully detained” within the statute’s meaning. Facts Police officers Poindexter and Dooley were ...

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

There was sufficient evidence that appellant intended to permanently deprive her boyfriend’s mother of jewelry when she took it from the home and pawned it. Appellant’s inconsistent explanations about the circumstances under which the jewelry was pawned negates the countervailing ...

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

Where appellant claims he did not know he was driving a stolen truck, the trial court correctly discounted his explanation that he paid someone $40 to drive on his birthday. Appellant provided no identifying information for this person other than ...

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

Delegates and senators questioned four prospects for a September vacancy on the Supreme Court of Virginia this month, and other candidates could emerge as the General Assembly session continues. Two of the candidates interviewed Feb. 6 professed to being “strict ...

Tagged with: General Assembly Judge Clifford L. Athey Jr. Judge Randolph A. Beales Judge Wesley G. Russell Jr. Judicial Interviews Justice Teresa M. Chafin Supreme Court of Virginia News