Where appellant was convicted of maiming livestock and conspiracy to do the same, his defense that he had the owner’s permission is not well-taken. The statute “Code § 18.2-144 provides, in relevant part, ‘Except as otherwise provided for by law, ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where police stopped appellant because he was out after a curfew imposed in connection with a city’s declaration of a state of emergency, drugs found in the vehicle were admissible evidence. Appellant’s argument that the stop was invalid because he ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

The trial court correctly granted appellant’s motion in limine to exclude evidence of unadjudicated bad acts in Warren County and Henrico County but correctly denied that part of the motion to exclude evidence of a similar robbery in Spotsylvania County ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant argued that she timely noted her circuit court appeal of her misdemeanor conviction on the basis of a judge’s notation on her motion to reconsider filed in the general district court, she waived this issue when she failed ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Appellant’s convictions for object sexual penetration and aggravated sexual battery, both involving a child under 13 years old, are affirmed. Credibility Appellant Mayo argues that the victim’s testimony was “inherently incredible and uncorroborated,” given her delay in reporting Mayo’s abuse, ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant attacked his convictions for multiple sex crimes, arguing that the young victim’s testimony was not buttressed with corroborating eyewitnesses, or with medical and forensic evidence, his convictions are affirmed. The victim’s testimony alone was sufficient to convict. Sufficient ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where a sentencing statute was amended after proceedings to revoke appellant’s suspended sentences commenced, the circuit court’s ruling that the amended statute does not apply to appellant is affirmed. Taylor v. Commonwealth, 44 Va. App. 179 (2004), provides “that ‘when ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where two police officers gave credible testimony that the appellant was the person they stopped for moving violations, his convictions for identity theft and forging public documents are affirmed. Traffic stops In August 2019, Officer Dubus stopped a vehicle going ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant argues, for the first time on appeal, that the trial court erred by accepting his plea, Rule 5A:18 bars his argument. Further, the “good cause” or the “ends of justice” exceptions to the rule do not apply to ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where the circuit court remanded a corrections worker’s wrongful discharge claim so the hearing officer could develop a record on an issue that was first presented to the circuit court, this was error. The circuit court failed to limit its ...

Tagged with: Employment Judge Randolph A. Beales Virginia Court of Appeals