In arguing that the Commonwealth struck black jurors based on their race, defense counsel did not fully put the issue of pretext before the trial court. Where the trial court did have the opportunity to consider pretext, its observation of ...

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

The defendant’s Confrontation Clause challenge to the trial court’s evidentiary exclusions under Virginia’s rape-shield law were not raised in the proceedings below and, in any event, did not rise above the level of harmless error. Background Appellant Michael Maldini and ...

Tagged with: Constitutional Criminal Evidence Judge Randolph A. Beales Sixth Amendment Virginia Court of Appeals

In convictions on two possession counts, the Commonwealth was not required to prove that the defendant knowingly and intentionally possessed two different controlled substances, heroin and fentanyl, when both substances were contained within a single capsule that appeared visually uniform. ...

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

Even though the defendant had fled the scene of his car crash, a gathering crowd around the vehicle – with its driver’s door open to reveal a firearm in plain view – presented exigent circumstances for the lone officer at ...

Tagged with: Constitutional Judge Randolph A. Beales Search & Seizure Virginia Court of Appeals

For spousal support purposes, the trial court did not err in declining to impute income to a spouse who retired voluntarily at age 58 and took up various volunteer activities. Background Husband and Wife were married in 1980 and separated ...

Tagged with: Attorneys Fees Domestic Relations Family Law Judge Randolph A. Beales Virginia Court of Appeals

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Henry F. Floyd Judge Jackson L. Kiser Judge Randolph A. Beales Judge Robert J. Humphreys Judge Stephanie Dawn Thacker

Evidence was sufficient to uphold the defendant’s conviction for failing to provide required identifying information after causing an auto accident. The defendant claimed that he didn’t talk to the other driver because she was “hysterical” and instead gave the appropriate ...

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

The circuit court erred in finding a husband’s divorce complaint insufficient based on the husband’s apparent acquiescence in the separation. To state a claim for desertion, only the deserting party’s intentions must be adequately pled. Background Husband and Wife were ...

Tagged with: Divorce Domestic Relations Family Law Judge Randolph A. Beales Virginia Court of Appeals

A doctor’s conviction for felony child neglect was affirmed based on findings that he left his five-year-old child home alone, knowing that the child had a history of unruly behavior and wandering off when not properly supervised. Background On the ...

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

Despite a lack of direct evidence of criminal activity, a warrant authorizing the search of the defendant’s home was supported by numerous facts which, taken together, created a “fair probability” of the defendant’s illegal drug activity. Background Officer Jon McKay ...

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