The Court of Appeals upholds defendant’s convictions on charges of simultaneous possession of a firearm and drugs, even though the gun and drugs were first found together in the woods after defendant had been arrested after a reported shooting. In ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

An experienced narcotics officer’s observation of defendant engaging in a hand-to-hand transaction involving what appeared to be crack cocaine was part of the total circumstances that provided probable cause to arrest defendant and search his vehicle, and the Court of ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals

The en banc Court of Appeals upholds defendant’s conviction under Va. Code § 18.2-308.2:2 for making a false statement on a firearm purchase form, for defendant’s response of “no” to a query whether he was under any felony indictment, after ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

Although defendant alleged police officers wanted to search for drugs when they stopped his vehicle for crossing a double-yellow line, requested identification, asked to search and brought out a drug dog, the objective facts authorized the officers to stop the ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals

The Court of Appeals of Virginia refused to overturn a felon-in-possession conviction of a Shenandoah County man where police confirmed the presence of guns and ammo by pretending to be home buyers taking a tour of the house. Authorities got ...

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

Ten candidates, including four members of the Virginia Court of Appeals, have told the Virginia State Bar they are interested in filling the vacancy on the Supreme Court of Virginia that will be created by the retirement of Justice Lawrence ...

Tagged with: Judge D. Arthur Kelsey Judge Joseph W. Milam Jr. Judge Pamela S. Baskervill Judge Randolph A. Beales Judge Robert J. Humphreys Judgeships Justice Lawrence L. Koontz Jr. Supreme Court of Virginia News Virginia State Bar

A gift shop cashier who fell when she walked through a parking lot behind the shop to see if boys throwing rocks had damaged the employer’s equipment can collect workers’ comp for her workplace accident, the Court of Appeals says. ...

Tagged with: Judge D. Arthur Kelsey Virginia Court of Appeals Workers' Compensation

The Court of Appeals upholds defendant’s conviction of possession of heroin with intent to distribute, third or subsequent offense, based on evidence that included a report obtained from the Virginia Criminal Information Network as evidence of his prior convictions. First, ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

A defendant who agreed to jury instructions that included finding instructions on both attempted rape and assault and battery cannot on appeal challenge his conviction for assault and battery on the ground that it is not a lesser-included offense of ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

A police officer did not exceed his lawful authority when he obtained permission from defendant to search his vehicle after making a lawful traffic stop, and it was not necessary to suppress the four bags of crack cocaine that fell ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals