A defendant failed to proffer at trial the reasons for additional questions he wanted to ask a detective on cross-examination about defendant’s cooperation with police, and the Court of Appeals therefore cannot review his claim that the trial court erred ...

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

A defendant’s conviction of dogfighting is reversed because the prosecutor’s recitation during closing argument of defendant’s prior criminal charges that purportedly went unpunished was so prejudicial it required a mistrial, the Court of Appeals holds. Cross-examination Although the prosecution asked ...

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

Strong circumstantial evidence sup­ported the trial court finding that defen­dant, who fled from a lawful traffic stop as police were bringing a dog to perform a canine sniff, threw a bag with 400 small, glassine packets of heroin from his ...

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

A woman who threatened to kill her estranged husband and drove her car into his legs, and then failed to provide aid to him or information about the acci­dent as required by statute, has her con­victions of felony hit and ...

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

A defendant who grabbed a woman’s arm as she attempted to enter a portable toilet, detained her, pulled out his penis and urinated on her, was properly con­victed of attempted abduction and that conviction is affirmed; however, the Court of ...

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

The Court of Appeals reverses defen­dant’s conviction for abduction for argu­ing forcibly with his ex-girlfriend and the mother of his son while the two sat in her car after exchanging the son for visita­tion. The mother’s own testimony cannot support ...

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

A jury was entitled to reject expert testimony from a physician who of­fered alternative explanations for head trauma suffered by defendant’s infant daughter, in favor of an opinion by the prosecution’s expert on child abuse, and the Court of Appeals ...

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

A defendant who was the only adult at home when his 16-month-old daugh­ter suffered several blows fracturing her skull and damaging her internal organs cannot overturn his conviction of first-de­gree murder on a claim that no rational fact finder could ...

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

A defendant cannot overturn his con­viction of assault and battery of a fam­ily member by claiming error when a trial judge denied defendant’s motion to strike a venire member who agreed with the statement that “no man ever has a ...

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

A defendant convicted of three mis­demeanor traffic offenses was not denied his right to free exercise of religion when the trial court denied de­fendant the opportunity to explain to the jury his use of “El” at the end of his ...

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