Where defendant pleaded guilty to pos­sessing heroin with intent to distribute in the city of Fredericksburg, a later charge of possessing heroin with intent to dis­tribute, second offense, in Spotsylvania County did not violate double jeopardy principles. Defendant complains that ...

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

There was sufficient evidence to convict appellant of receiving a stolen firearm. However, his conviction for possession of marijuana is reversed. The results of a field test were inadmissible because the Department of Forensic Science had not approved the test ...

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

Where the minor child’s mother extended the child’s stay in Bulgaria for months after the parties’ agreement, the court correctly decided that she could have only supervised visitation until she gave the child’s passport to the court. Background The initial ...

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

Where the trial court awarded appellees sole custody of a minor child, the court lacked jurisdiction to hear appellants’ appeal after the child’s 18th birthday. Background A juvenile and domestic relations district court order, dated Sept. 20, 2018, awarded appellees ...

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

The trial court properly admitted appellant’s 2010 probation violation report during the sentencing phase of his 2018 probation revocation hearing. A relaxed standard applies for admitting hearsay during sentencing proceedings. The fact that appellant pleaded guilty to the 2010 violation ...

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

Appellant did not preserve for appeal his argument that the court’s instructions regarding jury unanimity were flawed. He made an inadequate contemporaneous objection and failed to object immediately after the verdict or when the jury was polled. Further, he waived ...

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

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