The Court of Appeals upholds defendant’s conviction of possession of a firearm as a convicted felon, and says the trial court did not abuse its discretion in denying defendant’s motion to reopen and reconsider his motion to suppress the gun ...

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

A patient who has been in a state psychiatric hospital since he was found not guilty of malicious wounding by reason of insanity was not entitled to have a jury decide whether he should be required to undergo psychiatric and ...

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

Police called as backup when a social worker planned to visit defendant’s home to conduct a custody-related home study did not have probable cause to enter defendant’s home and the marijuana and guns found in plain view in the home ...

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

The Court of Appeals affirms a decision requiring a mental health services provider under contract to receive Medicaid payments to reimburse DMAS for services provided by four employees who did not have properly documented qualifications. The Virginia Department of Medical ...

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

There was sufficient evidence to convict defendant of cocaine possession based on an officer’s observation of defendant, whom he recognized from a previous encounter, questioned him about his revoked driver’s license, observed a syringe in his waistband, obtained consent to ...

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

A defendant who repeatedly stalked and threatened a young woman for years, starting when she was 17 years old, has his conviction for computer harassment in violation of Va. Code § 18.2-152.7:1 affirmed by the Court of Appeals, along with ...

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

The Court of Appeals reverses defendant’s bench trial conviction for malicious wounding and dismisses on the basis that the evidence is insufficient as a matter of law:  defendant’s girlfriend never testified defendant hit her, attempted or threatened to do so; ...

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

A trial court erred in dismissing on speedy trial grounds indictments charging defendant prison inmate with malicious wounding and assault of a fellow prisoner, and the dismissal order is reversed by the Court of Appeals. Considering two earlier indictments, which ...

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

The Court of Appeals says a trial court did not abuse its discretion in denying defendant’s motion for a continuance of a sentencing hearing after she pleaded guilty to voluntary manslaughter in the death of a 10-month-old infant, based on ...

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

Although police enlarged a suspect’s photo to make it the same size as others in a photo array, thereby slightly elongating the suspect’s face, the photo array was not unduly suggestive and the sexual assault victim’s identification of the suspect ...

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