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 ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Appellant’s argument that there was insufficient evidence to prove he inflicted the injuries found on a 4-year-old child’s body is belied by his admission to a police detective and a grand jury that he struck the child four times with ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Appellant’s exposure of his penis and genitalia to a child in a store, without more, was insufficient to convict him of taking indecent liberties with a child because there is no evidence that he had the requisite lascivious intent. His ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

A high school student’s interview in his associate principal’s office that included the associate principal, a police detective and a school resource officer acting as the student’s translator was not a custodial interrogation, so no Miranda warnings were required. His ...

Tagged with: Evidence Judge Jean Harrison Clements Virginia Court of Appeals

Testimony from the claimant and his doctors that his prior left knee injury caused his right knee injury was sufficient to support the commission’s decision. Background Claimant’s original injury was a left knee meniscal tear, which was treated by a ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers' Compensation

Testimony from multiple witnesses, together with other testimony, including the defendant’s own telephone calls, supported his conviction for possession of a firearm. Background The evidence established that Erica Hutchings heard gunshots after 7 a.m. on Oct. 29, 2017, and saw ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Police officers did not have probable cause to search a defendant’s car based on the presence of folded lottery tickets in plain view because lottery tickets have a legitimate purpose and their incriminating nature was not immediately apparent. As a ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

A defendant’s claim that jury instructions in his trial for forcible sodomy and sexual battery were confusing was speculation. Background On Oct. 2, 2015, the victim met the appellant at a bar in Fredericksburg around 11:30 p.m. The victim had ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Where an inmate was wearing jeans at the time of a random, unannounced search, and officers found a controlled substance in the jeans, he possessed the controlled substance and his conviction is affirmed. Background On March 23, 2016, appellant and ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals