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Tag Archives: Judge Frank K. Friedman

Sufficient evidence of intent in malicious wounding case (access required)

In this malicious wounding case, the trial court correctly resolved conflicting testimony and credited the victim’s account of the evidence. The court correctly found that appellant acted with malice and thus had the necessary intent to be convicted. Appellant’s conviction ...

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Felon constructively possessed gun while passenger in car (access required)

Where appellant, who was convicted of a violent felony, was a passenger in his brother’s car, the trial correctly determined that appellant constructively possessed a rifle within arm’s reach on the back seat. This is so despite the brother’s testimony ...

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Resentencing required in identity fraud case (access required)

Where the appellant was convicted of seven counts of identity fraud, sufficient evidence supports the convictions but she must be resentenced. The “trial court’s re-casting of [the appellant’s] sentences after dismissing the jury is inconsistent with Code § 19.2-295.1.” Statement ...

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Judicial emergency tolled speedy trial deadlines (access required)

Where the Virginia Supreme Court declared judicial emergencies in response to the COVID-19 pandemic, speedy trial deadlines were tolled. The court did not infringe on appellant’s constitutional right to a speedy trial by declaring an emergency. Further, there was sufficient ...

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Appellant disqualified for benefits due to misconduct (access required)

Even though appellant’s employer, after prevailing before a Virginia Employment Commission deputy commissioner, stated it would not participate in further proceedings, the commission continued to find that appellant was disqualified from receiving benefits. “The circuit court upheld the VEC’s determination. ...

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Sufficient evidence that appellant possessed drugs (access required)

There was sufficient evidence to conclude that controlled substances found on the side of the road came from the appellant’s vehicle. His convictions for possession with intent to distribute narcotics are affirmed. Credibility contest “‘To convict a defendant of illegal ...

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