A statute that allows introduction of a child’s out-of-court statements in certain cases applied to appellant’s case and did not violate his Sixth Amendment right to confront witnesses. Background Appellant was charged with multiple sex crimes. Pursuant to Code § ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

There was sufficient evidence that appellant inflicted non-accidental injuries on a young child in her care and created a substantial risk of long-term organ damage. As a result, her felony child-abuse conviction is affirmed. Overview Blair had sole legal and ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Even though the commonwealth never introduced a gun into evidence, appellant’s conviction of being a felon in possession of a firearm, Code § 18.2-308.2(A), is affirmed. There was sufficient evidence to convict, based on the victim’s testimony that appellant drew ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Even though appellant’s indictment did not specifically reference a code section that criminalizes possessing a firearm while possessing drugs with intent to distribute and provides for a five-year minimum sentence, the indictment was “clear on its face” that appellant was ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where a wife asserted multiple challenges to the trial court’s order holding her in contempt for failure to make payments to her former husband, the circuit court possessed the jurisdiction to enforce its final order and issue further orders and ...

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

Although a guardian ad litem challenged the lower court’s dismissal of a case involving protective orders for three minor children before he could present evidence affecting the father’s attempts to gain custody, he did not raise the issue of mootness ...

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

Where the record indicated that there was no police coercion in confession by intoxicated defendant, the confession was admissible. Background The commonwealth appeals the trial court’s pretrial order granting Nicholas Capps’ motion to suppress statements he made to police while ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Although a guardian ad litem challenged the lower court’s dismissal of a case involving protective orders for three minor children before he could present evidence affecting the father’s attempts to gain custody, he did not raise the issue of mootness ...

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

Where the trial court refused to allow testimony about the victim’s violence and where the court denied a motion for mistrial based on juror bias, the errors claimed by the defendant were harmless in light of the overwhelming evidence of ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where the mother of a child had audio files on her phone indicating that she had hypnotized her daughter into believing that she was sexually abused by her father and then encouraged and facilitated the reporting of those false allegations ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals