Appellant’s convictions for three counts of electronic solicitation of a minor are affirmed. The solicitations were not “caused by, nor had a direct and substantial relationship to, his autism spectrum disorder and … any error by the circuit court in ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

Where it is apparent that the prosecutor did not intend to cause a mistrial while questioning a prosecution witness, double jeopardy did not prevent appellant’s retrial on drug distribution charges. Background Appellant Patel was a pharmacist who owned HnR Pharmacy. ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

Where appellant was convicted for first-degree murder, assaultive crimes and armed burglary, the convictions is not marred by defense counsel’s alleged conflict of interest. Further, appellants pre-Miranda statements were properly admitted under Miranda’s public safety exception. ‘Miranda’ incident Appellant Holman ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

Where some of the claimant’s injuries were compensated under a voluntary settlement agreement, res judicata does not bar additional claims brought after the parties entered into the agreement. Overview O’Neil, a sheriff’s deputy in Henrico County, was injured during a ...

Tagged with: Judge Dominique A. Callins Virginia Court of Appeals Workers’ Comp

There was sufficient evidence to convict appellant for unlawful use of a motor vehicle where the court found the vehicle owner was more credible than appellant. Credibility “A conviction for unauthorized use of a vehicle under Code § 18.2-102 ‘requires ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

Where the court convicted appellant of robbery, use of a firearm in commission of a felony and obtaining money by false pretenses, there was sufficient evidence to support the convictions. Competing versions Singleton, the robbery victim, testified that appellant Henry ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

Appellant’s grand larceny conviction is reversed because the indictment charges that the theft occurred months after the date of a surveillance video offered as evidence of the theft. Background The indictment charged that on Oct. 19, 2019, appellant Goldman stole ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals

There was sufficient circumstantial evidence that appellant stole jewelry from the victim’s home. Appellant argues that he presented a reasonable hypothesis of innocence. But his statements to an investigator and his conflicting trial testimony “not only fails to establish his ...

Tagged with: Criminal Judge Dominique A. Callins Virginia Court of Appeals