Quantcast

Tag Archives: Judge Randolph A. Beales

CAV: Marine’s conviction for rape of subordinate affirmed (access required)

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 ...

Read More »

CAV: No need to prove knowledge of each drug in mixture (access required)

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. ...

Read More »

Bon Mots: April 2018 Edition (access required)

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 ...

Read More »

CAV: Defendant relied on “police officer” at his peril (access required)

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 ...

Read More »

CAV: Husband adequately alleged desertion (access required)

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 ...

Read More »

CAV: Conviction upheld for leaving kindergartener home alone (access required)

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 ...

Read More »

CAV: Probable cause does not require direct evidence (access required)

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 ...

Read More »

CAV: Divorce decree required splitting kids’ health costs (access required)

The divorcing couple’s property settlement agreement required the parties to split any uncovered medical costs incurred by their children while on their father’s health insurance policy, even if the children were no longer minors. Background Appellant Brian Green and Appellee ...

Read More »