Appellant’s failure to present a written motion in the trial court that charging him with multiple conspiracies to distribute drugs violated his double jeopardy protections precludes him from appealing his convictions on that basis. Further, his failure to object to ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where a jury convicted appellant of object penetration of a child and taking indecent liberties with her, the trial court correctly refused to dismiss the charges on the basis that the commonwealth did not timely disclose exculpatory evidence. Overview Under ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where appellant was convicted of malicious wounding an individual while attending the “Unite the Right” rally in Charlottesville, the trial court correctly denied motions to strike four prospective jurors for bias. The record supports the trial court’s determination that all ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where the parties’ first marital home was purchased, in part, with husband’s separate property, and proceeds from the home’s sale were used to purchase another marital home, in which improvements were made using husband’s separate property, the court correctly calculated ...

Tagged with: Domestic Relations Judge Marla Graff Decker Virginia Court of Appeals

The trial court correctly excluded proffered evidence to impeach a minor rape victim’s credibility. Further, evidence that appellant twice refused to provide a DNA sample was properly admitted. Appellant’s rape and indecent liberties convictions are affirmed. Facts S.D. accused appellant ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where the defendant was carrying a firearm while subject to five separate protective orders, his convictions for transporting a firearm while subject to the orders did not violate double jeopardy because the purpose of the statute is to protect each ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

A defendant was properly convicted of failing to reregister as a sexually violent offender. Background Jack Randall Young was indicted for multiple violations of the Virginia Sex Offender and Crimes Against Minors Registry Act, including two counts of failing to ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Because the police officer saw the defendant’s child standing up in the back seat of a moving vehicle, it was reasonable to stop the car to determine whether the defendant, who was convicted of drug possession, had violated the law ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

A defendant’s conviction for obtaining funds using false pretenses based on her withdrawal of $110 in cash after she had deposited two checks into her account that were subsequently rejected was upheld because the significant deficiencies in her appellate brief ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where an officer’s testimony and a record keeper’s affidavit demonstrated that the defendant missed a sex-offender reregistration date, and the defendant’s statements to the officer that he thought he had mailed the form in gave rise to a presumption that ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals