Where, in this malicious wounding case, appellant presented alternate theories that he was either acting in self-defense when he shot the victim or that he acted in the heat of passion after the victim used racially charged language, the trial ...

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

Where police knew appellant always drove a white plumbing truck when he met with appellant to sell him drugs, police had probable cause to search the vehicle when police saw it at the appointed place and time to met with ...

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

Where the evidence showed that appellant was the only occupant of a truck abandoned in the woods, the trial court properly concluded that he possessed the ammunition and drugs found in the truck during the execution of a search warrant. ...

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

The appellant’s convictions for sodomy and object sexual penetration by force are affirmed on the strength of the victim’s testimony, which was not inherently incredible as a matter of law. Credibility “The appellant argues that the evidence was insufficient to ...

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

Where appellant was convicted of receiving stolen property worth more than $500, his “ever-changing and contradictory statements, in conjunction with other evidence, proved he possessed the two stolen boats.” Overview Bailey, the theft victim, had two boats, a Chaparral and ...

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

There was sufficient evidence to support appellant’s conviction for being a violent felon in possession of a firearm. Further, his motion to suppress the firearm was correctly denied where the gun fell from his waistband as he was running to ...

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

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

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

There was sufficient evidence of appellant’s malice to convict him of maliciously wounding the victim. Beaten with frying pan “The record here establishes that after arguing with Harvey, the appellant repeatedly struck her in the face with a frying pan ...

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

Where appellant was given a six-year active sentence following a series of incarcerations and probation violations, there was no abuse of discretion. Even though the sentence exceeded the guidelines it was still within the statutory maximum. No abuse of discretion ...

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

There was sufficient evidence to support the trial court’s conclusion that appellant was guilty of abduction because he tricked an eight-year-old child into handing a three-year-old to him through his bedroom window and then attempted to conceal the child. Introduction ...

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