Please ensure Javascript is enabled for purposes of website accessibility

Judge Dominique A. Callins

Mar 9, 2023

Public welfare includes character of neighborhood

Where county supervisors denied appellant’s special exemption request to rent bedrooms in his house after determining the proposed use would harm the public welfare, the determination correctly included consideration of the neighborhood’s character. Background Appellant Harris bought a house on a two-acre parcel, improved it and sought to rent individual bedrooms. The zoning code allowed [&hel[...]

Feb 16, 2023

State police officer’s discharge upheld

Where a Virginia State Police officer was discharged for failing to follow policy and making false statement regarding an accident with his police vehicle, there were no flaws in the administrative proceedings leading to his discharge or in his subsequent appeal. Criminal matter Brennan backed his police car into another vehicle, damaging both. “Brennan and […]

Feb 1, 2023

Common-law abatement no longer good law

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 affirmed. Under Code § 1-239, “when the General Assembly explicitly and unambiguously repeals a statute, […[...]

Jan 21, 2023

Motion to withdraw plea properly denied

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 denied the motion. Relevant law “The withdrawal of a guilty plea is governed by two […]

Dec 8, 2022

Major probation violation report correctly admitted

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 had sufficient indicia of reliability. The trial court properly revoked his previously suspende[...]

Nov 22, 2022

‘Safety valve’ provision rejected in drug-gun case

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 with drug offenses, which would have precluded the trial court from imposing a mandatory 20-year […]

Nov 22, 2022

No retroactive application of sentencing limitation

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 fails because on appeal, he is taking a position inconsistent with his position in the […]

Nov 8, 2022

JDR court had jurisdiction to determine support award

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 parties married in 2010. After three years of marriage, the parties separated. Two years later […]

Sep 24, 2022

Solicitation unrelated to autism spectrum disorder

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 applying the requirements of Code § 19.2-303.6 was harmless.” Overview After being confronted with evidence […]

Sep 15, 2022

No double jeopardy in drug distribution trials

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. Urbani, an HnR customer told the Stafford County sheriff that he could buy drugs at […]

Sep 8, 2022

No conflict of interest or ‘Miranda’ violation

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 arranged a meeting with Christina Martin. He accomplished this by abducting[...]

Aug 15, 2022

Res judicata does not bar additional claims

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 training exercise when a lieutenant punched her near the throat, which caused pain in the […]

Verdicts & Settlements

See All Verdicts & Settlements

Opinion Digests

See All Digests