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Tag Archives: Judge Richard Y. AtLee Jr.

Impeachment of prosecution witness properly prevented (access required)

The trial court properly refused to let appellant impeach a prosecution witness because the testimony would have been improper propensity evidence under Virginia Rule of Evidence 2:413. Further, appellant could not attack the witness’s credibility under Rule 2:607(a). Overview Appellant ...

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Informant’s identification of suspect by single photo approved (access required)

Where an informant identified, from a single photograph, the person from whom he was to make an undercover drug purchase, the trial court correctly ruled that this was an admissible out-of-court identification. Appellant’s conviction for distributing a Schedule I or ...

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Co-conspirators’ statements were admissible evidence (access required)

Where a prisoner was convicted of attempting to possess drugs, conspiracy to distribute the drugs and soliciting a person to deliver drugs to a prisoner, testimony about his co-conspirators’ statements was admissible hearsay. Further, there was sufficient evidence linking the ...

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Credibility evidence available before reconsideration motion (access required)

Where appellant argues the trial court incorrectly denied his motion to reconsider his multiple convictions based on post-trial challenges to the court’s credibility determinations, the judgment is affirmed because the appellant had the information before the court entered its judgment. ...

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