Where appellant was convicted of possession of a firearm by a convicted violent felon and carrying a concealed weapon, the police did not violate the Fourth Amendment when they approached his vehicle, which was parked in the middle of the ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where appellant refused his passenger’s request for medical treatment, this was sufficient evidence for a felony hit-and-run conviction. The relevant statute provides that the duty to render reasonable assistance is triggered if it is “apparent that medical treatment is necessary” ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

There was sufficient evidence to show that the appellant constructively possessed drugs found in her purse, which was found on the floor of her car. Appellant Odell appeals her convictions for possessing LSD and possession with intent to distribute. As ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Appellant’s felony hit-and-run conviction is affirmed because there was sufficient evidence that he knew or should have known the accident involved a personal injury. Further, there was sufficient evidence that he willfully failed to appear for a court date. Overview ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

A witness’s violation of the court’s sequestration order was not grounds for a mistrial because defendant was not prejudiced. Background Appellant Smith ate dinner with Laquita Ball and her son, 18-year-old Karon, and J.B., her minor daughter. After dinner, the ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Even though appellant was a joint holder of a checking account with her mother, who named her in a power of attorney, appellant was properly convicted of grand larceny when she wrote herself a large check. Entitlement to jointly own ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

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. ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals