Where a statute repealing Code § 18.2-250.1 (possession of marijuana) was enacted before appellant’s conviction, the common-law rule of abatement does not void his conviction. Virginia’s saving statute, Code § 1-239, controls the result in this case. The conviction is ...

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

Where appellant sought to withdraw his guilty plea when supplemental interrogatories revealed that two police officers involved in his case were fired, one after an internal affairs investigation and the other because of “issues involving veracity,” the trial court correctly ...

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

Reports documenting appellant’s absconding from probation and being convicted of crimes in another jurisdiction were properly admitted at appellant’s probation violation hearing. Appellant’s argument that he was denied his rights under the Confrontation Clause is not well-taken because the reports ...

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

There was sufficient evidence for the trial court to conclude that firearms found in appellant’s home were connected to his illegal drug sales. The court correctly rejected his request to apply the statutory “safety valve” provision regarding firearms in connection ...

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

Where the court revoked appellant probationer’s two-year previously suspended sentence, it was not limited to imposing a 14-day sentence for his technical violations. The statute imposing such limitation did not become effective until after his violations. Appellant’s due process argument ...

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

The JDR court had jurisdiction to determine the amount of spousal support husband must pay wife. Further, the circuit court properly awarded wife attorneys’ fees and correctly awarded support for a term longer than half of the marriage. Overview The ...

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

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