Where appellant, who was representing himself, testified as to his good character during the sentencing phase of his jury trial, the court properly allowed the commonwealth to cross-examine him about his prior criminal record. Proper rebuttal “Appellant argues that the ...

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

Appellant’s statement to a police de­tective, “Hey, can you call my wife to tell her to call my lawyer for me?” was not a clear and unambiguous assertion of his right to counsel. The trial court properly denied his motion ...

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

Where appellant was convicted of second-degree murder, malicious wounding and using a firearm to commit those crimes, the trial court correctly excluded evidence that appellant argues would have helped to establish that someone else was the shooter. Overview The commonwealth ...

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

The trial court’s determination that appellant violated the terms of his probation by being dishonest with his probation officer is affirmed. Facts Appellant was placed on supervised probation following his plea-based conviction of being a felon in possession of ammunition. ...

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

Where appellant did not challenge the commonwealth’s proffer that he had been furnished written notice that he could request a full chemical analysis, a field test result for marijuana was properly admitted at his trial for possession of marijuana. His ...

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

Where claimant injured his right should in a work-related incident, the Virginia Workers’ Compensation Commission correctly determined that appellant’s subsequent pain in his left shoulder was not a compensable consequence of his initial injury. Contradictory evidence “Claimant argues that the ...

Tagged with: Judge Mary Bennett Malveaux Virginia Court of Appeals Workers' Compensation

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 Bennett 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 Bennett 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 Bennett 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 Bennett Malveaux Virginia Court of Appeals