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Tag Archives: Judge Marla Graff Decker

CAV: Sentence enhancement for federal conviction improper (access required)

The trial court erred in finding that the federal statute underlying the defendant’s prior conviction for felony possession of a firearm was substantially similar to the state law under which the defendant was most recently convicted. Because the federal law ...

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CAV: Court as factfinder could credit husband’s testimony (access required)

The circuit court’s equitable distribution and support determinations were not in error, and the wife didn’t proffer for the appellate record purported after-acquired evidence of additional property that could have merited reconsideration. Background The parties were married in 1999. Husband ...

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CAV: Pro athlete’s line-of-duty benefits were like pension (access required)

For equitable distribution purposes, a retired professional athlete’s line-of-duty disability benefits were correctly evaluated similar to pension benefits under Code § 20-107.3(G), rather than personal injury compensation under subsection (H). Background The parties were married in 1999 and had two ...

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CAV: Search proper pursuant to unchallenged warrant (access required)

The trial court should have denied defendant’s motion to suppress evidence found in a locked room in his house. Although officers entered the home without a warrant, they obtained one before entering the locked room. Background In March 2016, a Spotsylvania ...

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Vehicle Occupant’s Conviction for Shooting “At” the Vehicle Upheld (access required)

The court of appeals affirmed the conviction of appellant Robert Lee Jones for maliciously shooting at an occupied vehicle in violation of Code § 18.2-154, approving the trial court’s conclusion that, under the statute, a defendant can shoot “at” a ...

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