Jan 21, 2023

Warrant was required to enter motel room

Where police entered a motel room without a search warrant because they believed an occupant had overdosed on drugs, the trial court correctly suppressed evidence found in the room after […]

Dec 20, 2022

Court did not abuse sentencing discretion

The trial court did not abuse its discretion by revoking appellant’s suspended sentences for violating his probation. But the court miscalculated the length of his active sentence. A remand for […]

Dec 8, 2022

Conviction for malicious maiming of livestock upheld

Where appellant was convicted of maiming livestock, conspiracy to do the same and a firearm offense, there was sufficient evidence to uphold the convictions. The statute “Code § 18.2-144 provides, […]

Dec 5, 2022

Statute in effect when offense committed controls

Where appellant entered a conditional guilty plea to petit larceny, third or substantive offense, his argument that his offense should not have been treated as a felony is not well-taken. […]

Oct 31, 2022

Conviction for malicious maiming of livestock upheld

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, […]

Sep 30, 2022

Suspected curfew violation justified traffic stop

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 […]

Sep 1, 2022

Common plan or scheme established

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 […]

Sep 1, 2022

Assignment of error not preserved for appeal

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 […]

Jul 19, 2022

Sex crimes victim gave credible testimony

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 […]

Jul 19, 2022

Abuse victim’s testimony alone sufficient to convict

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 […]

Jun 24, 2022

Amended sentencing statute does not apply to appellant’s case

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 […]

Jun 9, 2022

Credible testimony supports forgery convictions

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 […]