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Tag Archives: Judge Mary B. Malveaux

CAV: Reference to prior robbery didn’t warrant mistrial (access required)

Despite a pretrial order barring testimony regarding the defendants’ prior robberies, a witness’s brief reference to a “previous” robbery did not explicitly link this robbery to either defendant. The trial court did not err in giving a curative instruction rather ...

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CAV: Evidence proved possession of “orphan” computer files (access required)

The Commonwealth’s evidence was sufficient to prove that the defendant “possessed” files containing images of child pornography, even if the images were “orphan” remnants of deletion from the computer’s file directory. Background In 2015, Detective Mark Belew was investigating computer ...

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CAV: Evidence supported meth-manufacture conviction (access required)

The Commonwealth sufficiently established that a defendant aided and abetted her camping companion in manufacturing methamphetamine. Background On October 1, 2015, sheriff’s deputies went to a given address to serve an arrest warrant on Timothy Comer. Comer wasn’t there when ...

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CAV: Evidence supported welfare fraud convictions (access required)

Evidence was sufficient to support the defendant’s convictions and sentencing for welfare fraud, after she omitted income from her SNAP and fuel assistance applications. Background During 2015 and 2016, Appellant Latoya Jefferson shared a household with her five children and ...

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Victim’s disability supported attempted-rape conviction (access required)

Due to evidence demonstrating a woman’s mental incapacity to appreciate the nature and consequences of intercourse, an intimate encounter between her and another patient at a psychiatric facility amounted to attempted rape. Background On March 15, 2015, Appellant James L. ...

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