Evidence from a warrantless search was properly excluded where police were drawn to the defendant’s parked car by the odor of burning marijuana, the Court of Appeals of Virginia held in an unpublished opinion. While smoking marijuana had recently been ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where appellant abducted his child while under a personal protection order to stay away from his wife and child, the trial court erred by allowing appellant to be prosecuted for a Class 5 felony for the child’s abduction. Code § ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where police were drawn to appellee’s car by the odor of burning marijuana, they lacked probable cause to search it under the facts and circumstances of this case. Issue on appeal “The Commonwealth on appeal challenges the trial court’s conclusion ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where the commonwealth did not show that appellant fled the police to prevent his arrest, he was incorrectly convicted of the charge. Not running “Appellant … asserts that the evidence failed to prove he attempted to prevent a law enforcement ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where appellant, charged with three counts of sodomizing a child younger than 13, did not request that a jury impose his sentence, the trial court correctly refused to let appellant tell the jury that if convicted, he would be given ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

There was sufficient evidence to support an inference that appellant possessed drugs with the intent to distribute. Discussion “Appellant argues that the evidence did not establish his intent to distribute heroin. Although he acknowledges his statement to Detective Jessie that ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

The Court of Appeals of Virginia has upheld an award of attorneys’ fees to a woman in her divorce from a husband who delayed settlement and accused her of immigration fraud. The husband said fees shouldn’t be awarded on various ...

Tagged with: Domestic Relations Judge Glen A. Huff Judge Junius P. Fulton III Judge Lisa M. Lorish Judge Stuart A. Raphael Virginia Court of Appeals

Where the trial court revoked appellant’s sentences and imposed a 10-year active sentence after concluding he refused to cooperate with probation, there was no abuse of discretion. Probation conditions “Appellant … contends the trial court abused its discretion by punishing ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where appellant abducted his child while under a personal protection order to stay away from his wife and child, the trial court erred by allowing appellant to be prosecuted for a felony for the child’s abduction. A specific statute, Code ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where appellant argues that “performance on a field sobriety test cannot serve as evidence of intoxication in determining his guilt,” the argument ignores Virginia caselaw that holds sobriety tests are admissible as circumstantial evidence of intoxication. Appellant’s other assignments of ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals