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 ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

Where appellant was convicted after a bench trial of conspiracy to commit grand larceny and two counts of grand larceny, the trial court correctly admitted evidence of other crimes – stolen property being transported with stolen trucks – which were ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

Where appellant was a guest in the victim’s house, was asked to leave and responded by stabbing the victim in the chest multiple times, this was sufficient evidence of intent to maliciously wound the victim. Background Appellant Puckett was a ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

Where appellant failed to provide care for his dog, which had an untreated back injury and had not been cleaned or moved “in quite some time” from its filthy surroundings, this was sufficient evidence to support his conviction of felony ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

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. ...

Tagged with: Employment Judge Frank K. Friedman Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals

Even though evidence was obtained with a defective search warrant, appellant’s conviction of unlawful possession of a controlled substance is affirmed under the good-faith exception to the exclusionary rule. Search Police learned that a wanted person, Paul Price, was at ...

Tagged with: Criminal Judge Frank K. Friedman Virginia Court of Appeals