Judge Jean Harrison Clements

Nov 8, 2022

Suspended sentence revoked for probation violation

The trial court did not abuse its discretion when it revoked appellant’s suspended sentences and imposed an active term of incarceration. Repeat offender “[T]he trial court revoked seven years of Walters’ previously suspended sentences, re-suspended five years, and placed him on supervised probation. “Under the revocation statute in effect when Walters’ revocation proceeding began, once [...]

Jul 20, 2022

Denial of permanent benefits supported

The Virginia Workers’ Compensation Commission correctly denied claimant’s application for permanent and total disability. The medical evidence establishes that claimant’s complaints of left knee and leg problems were unrelated to her compensable right knee injury three years earlier. Overview Claimant suffered a compensable injury to her right knee in November, 2012. The commission awarded m[...]

Jul 7, 2022

No evidentiary error in capital murder case

Where appellant was convicted of the attempted capital murder of two law enforcement officers, malicious wounding and firearm offenses, the trial court correctly refused to allow a defense expert to testify about appellant’s state of mind when the incident occurred, Overview Appellant lived with Johnson, his ex-wife. Their 19-year-old daughter, A.J., called 911 and told […]

Jan 18, 2022

Evidence supported intent to distribute cocaine

Where appellant was convicted of possession with intent to distribute cocaine, there was sufficient circumstantial evidence that he possessed the cocaine. Further, intent to distribute was established by an expert’s testimony that the way the cocaine was packaged and the quantity involved, along with the fact that appellant did not possess anything to ingest the […]

May 25, 2021

Unidentified co-conspirator’s statement properly admitted

Appellant’s Sixth Amendment rights were not violated by the admission of an unidentified co-conspirator’s statements because the statements were not testimonial and were made in furtherance of the conspiracy. Background Appellant and another individual broke down the door of Goode’s boarding house room despite Goode and Martin’s efforts to barricade it with their bodies. Once […]

May 7, 2021

Evidence properly admitted in child abuse or neglect case

Appellants’ statements to police detectives about her injured child were properly admitted at trial even though she was not given Miranda warnings. The trial court correctly determined that the interview, which took place in an enclosed waiting area at the hospital, was a consensual encounter and not a custodial interrogation. Further, there was sufficient evidence […]

Jan 8, 2021

Property destruction and burglary convictions affirmed

The trial court correctly denied appellant’s motion to strike the commonwealth’s evidence of burglary and destruction of property. There is sufficient evidence to affirm the court’s guilty verdicts on both charges. Background Price went to a shed on his property to get a ladder. The lock had been broken off and the door was open. […]

Jan 8, 2021

Knuckle knife was concealed weapon

The trial court correctly determined that appellant’s “knuckle knife” was a weapon within the meaning of  Code § 18.2-308(A) and thus could not be concealed on his person. Appellant’s conviction for carrying a concealed weapon is affirmed. J.B., a 10-year-old child, and his adult neighbor, Jamal, were playing with a football. Jamal threw the football […]

Aug 3, 2020

Reimposed sentences served consecutively

Appellant’s reimposed sentences will be served consecutively because the original sentencing order is best understood as providing for concurrent service of the active sentences and consecutive terms for the suspended sentences. Overview In August 2016, appellant was convicted of grand larceny and larceny with intent to sell or distribute. These were counts two and three […]

Jul 27, 2020

No jurisdiction over claim against employer and insurer

The Workers’ Compensation Commission correctly determined that it lacked jurisdiction to hear a claim by a medical provider against a shipyard and its insurer for payment of services rendered to the shipyard’s employee. “[T]his case is controlled by the published opinion issued this day in Wardell Orthopaedics, P.C. v. Colonna’s Shipyard, Inc, ___ Va. App. […]

Jul 20, 2020

Suspended sentences revoked for good behavior violation

The trial court properly admitted, under the relaxed evidentiary standard applicable at suspended sentence revocation hearings, field test results that established a vial found near appellant contained PCP. The trial court’s determination that appellant violated the good behavior provisions of his suspended sentences is affirmed. Facts Appellant was given suspended sentences for five previous co[...]

Feb 16, 2020

Convictions for illegal cigarette trafficking upheld

Appellant’s convictions for fraudulent cigarette purchases and illegal distribution are affirmed. Appellant did not have valid documentation when he made bulk cigarette purchases and submitted no documentation that he remitted sales tax on the 40,000 cigarettes he purchased “on three separate occasions within a short period of time.” Overview “Individuals engaged in illegal cigarette traff[...]

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