Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Randolph A. Beales Virginia Court of Appeals

There was sufficient evidence to support appellant’s convictions of being a felon in possession of a firearm and ammunition. However, his double jeopardy protections were violated because both convictions arose from the same incident. On remand, the trial court must ...

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

Where appellant’s weapon was in a zipped backpack on the passenger-side floor of the vehicle he was driving, the motor vehicle exception to the concealed weapon statute does not apply because the weapon was not secured in a compartment or ...

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

The trial court correctly allowed a malicious wounding victim to invoke her Fifth Amendment privilege against self-incrimination at appellant’s trial. Further, there was no error in allowing the prosecutor to introduce a transcript of the victim’s testimony at appellant’s preliminary ...

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

Where the trial court suspended a portion of appellant’s sentences, “the period of suspension of the suspended sentences” began to run upon his release from prison and not, as he argues, upon the court’s pronouncement of the suspended sentence. As ...

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

Appellant’s phone records, which the commonwealth obtained from his cell service provider with an ex parte order, were admissible at trial under the good faith exception to the exclusionary rule. Further, the commonwealth did not waive the good-faith argument by ...

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

Where the trial court dismissed charges of felony assault of a police officer and misdemeanor obstruction of justice against appellees, this was error. Even assuming without deciding that the officers violated the Fourth Amendment when entering the appellees’ property, this ...

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

A wife was not entitled to a share of the increase in the value of her husband’s personal investment accounts and other stock that occurred in the marriage because the increase in value was not so substantial that it could ...

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

Where the original amount of child and spousal support agreed to by the parties and included in the divorce decree exceeded the husband’s current total income, and there was no finding that the husband was voluntarily underemployed, the change in ...

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

The trial court did not err in rejecting the defendant’s speedy trial act and evidentiary challenges to his conviction for sodomy, aggravated sexual battery and indecent liberties with a child. Other challenges were not raised in a timely fashion. Background ...

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