There was sufficient evidence that appellant intentionally and with malice fired shots at a car, which was being driven toward a group of cars waiting at a traffic signal. Two bullets entered a car waiting at the light, showering the ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant argues that his 15-year active sentence resulted from “(1) improper and prejudicial testimony by the victim’s father and (2) the Commonwealth’s improper closing argument that called for him to be punished for uncharged conduct, he did not preserve ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where husband did not designate his wife as a survivor beneficiary on his Virginia Retirement System retirement plan despite a court order requiring him to do so, the circuit court incorrectly ordered VRS to pay survivor benefits. Under the relevant ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals

Appellant has waived his due process challenge to his conviction of driving as a habitual offender because he did not raise the issue in the trial court. Further, the “ends of justice” exception to the waiver rule does not apply ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

A four-time probation violator’s four-year active sentence was not an abuse of the trial court’s discretion. Claim not preserved “Opara argues that Code § 19.2-306.1 prohibited the trial court from sentencing him to an active sentence greater than fourteen days ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where the trial court sentenced appellant to 80 days in jail for failing to report to probation, the court incorrectly interpreted the statute that limits sentences for technical violations, such as failing to report, to 14 days. Technical violation “At ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant, a renter in the victim’s house, stabbed her four times after she questioned him about taking food from the home, this was sufficient evidence of malice to support his conviction for malicious wounding. The incident “We conclude that ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant initially told police he had no idea who shot him and moved to strike at trial because the prosecution did not exclude the possibility that his wife shot him and then committed suicide, the trial court correctly denied ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Once the trial court found appellant guilty of welfare fraud, it lacked the inherent authority, under Starrs v. Commonwealth, 287 Va. 1 (2014), or Hernandez v. Commonwealth, 281 Va. 222 (2011), to order a deferred disposition. Caselaw review “On appeal, ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where the trial court ruled that appellant’s ‘intractable behavior’ at an outstate drug treatment program violated the terms of her probation, appellant did not preserve an appellate challenge of the finding. Overview Appellant pleaded guilty to two counts of distributing ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals