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

Where appellant invoked his right to counsel but the police continued his interrogation, an incriminating statement that he made after invoking his right should not have been admitted as evidence. His sexual battery convictions are reversed. However, the commonwealth may ...

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

Appellant’s convictions for assault and battery on a law enforcement officer, obstruction of justice and driving after forfeiture of license are affirmed. There was no speedy trial violation. Defense counsel’s “agreement … to a trial date outside the speedy trial ...

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

Where appellant was convicted of violating a sign ordinance, his failure to appeal to the Board of Zoning Appeals prevents judicial review of his claim that he was entitled to the religious building exemption from the ordinance’s requirement. Further, even ...

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

The circuit court incorrectly dismissed appellant’s appeal of a drunk driving conviction in the general district court. There were no procedural defaults that prevent this court from reaching the merits of his appeal: that Supreme Court emergency orders tolled all ...

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

Where appellant was indicted under Code § 18.2-374.3(C) for using a “communications system to solicit, with lascivious intent, a person the accused knows or believes to be younger than fifteen years old[,]” but the court sua sponte convicted him under ...

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

There was sufficient evidence to convict appellant of abducting a county employee. Appellant used his vehicle to block the employee from backing out of a driveway. His conduct shows he intended to deprive her of her liberty. Further, even if ...

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

Where appellant was convicted of attempted forcible sodomy and aggravated sexual battery, his wife, who saw him molesting their adult daughter, provided credible testimony about the incident. Overview The evidence is reviewed in a light most favorable to the commonwealth. ...

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

Where appellant and the victims provided competing versions about the circumstances that led to appellant being charged with statutory burglary and robbery, the trial court, in its fact-finding role, correctly rejected appellant’s version and convicted him of the theft offenses. ...

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

There was sufficient evidence of malice and intent to convict appellant of malicious wounding. The nature of his attack and the victim’s resulting injuries establish both of these elements. Background Appellant and Miller, his girlfriend, began to argue as they ...

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