The Court of Appeals says a trial judge who heard the evidence at defendant’s earlier trial for possession of a firearm as a convicted felon did not err in denying his request for a new trial, based on his girlfriend’s ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

A circuit court erroneously usurped a hearing officer’s fact finding authority, and because the hearing officer’s disposition of “Founded-Sexual Abuse-Level One” was supported by substantial evidence, the Court of Appeals reverses the circuit court and remands with directions to reinstate ...

Tagged with: Administrative Judge Larry G. Elder Virginia Court of Appeals

A defendant’s confession was a critical part of the commonwealth’s case and the trial court erred in not recognizing that defendant’s statement, “That’s what I want, a lawyer,” was an unequivocal request for counsel that should have been honored by ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

In this case involving unauthorized use of a truck left at appellant’s house while the owner went out of town for a funeral, the commonwealth had evidence to charge both men with hit and run after an accident in the ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

The Court of Appeals has jurisdiction to hear wife’s appeal from the dismissal of her motion for judgment for past due spousal support, but affirms the trial court’s decision that her claim is barred by res judicata. The trial court ...

Tagged with: Domestic Relations Judge Larry G. Elder Virginia Court of Appeals

A trial court properly denied defendant’s motion to dismiss on statutory speedy trial grounds without considering the impact of Va. Code § 19.2-270.5’s provisions concerning the late production of DNA evidence on the speedy trial calculations, and the Court of ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

Although defendant contends the testimony of the teenage witness who described defendant’s sexual assaults of her when she was 14 and 15 was “inherently incredible,” the Court of Appeals says the evidence as a whole, which included extensive corroboration of ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

An officer who smelled marijuana when he made a lawful traffic stop when a vehicle failed to stop at an intersection controlled by a stop sign did not violate defendant driver’s Fourth Amendment rights when he conducted a pat-down of ...

Tagged with: Judge Larry G. Elder Search & Seizure Virginia Court of Appeals

The Court of Appeals reverses defendant’s second-degree murder conviction because the trial court erred in refusing to allow defendant to question the jury pool about possible gang affiliations to assess bias, to cross-examine a prosecution witness about gang affiliation and ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

A commission decision to hold a workers’ comp claim “in pendency status until the claimant offers evidence of maximum medical improvement and a current rating” is an interlocutory order not presently appealable, and the Court of Appeals dismisses employer’s appeal ...

Tagged with: Judge Larry G. Elder Virginia Court of Appeals Workers' Compensation