Where appellant previously pleaded guilty to a felony hit and run and driving on a suspended license, a later “agreement” the parties proffered to the trial court is best understood as a sentencing recommendation rather than a modified plea agreement. ...

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

The circuit court correctly concluded that it lacked power to grant equitable relief despite appellant’s pleading that the separation agreement was unconscionable and procured by fraud. Background Stephanie Shobe filed for divorce after a 10-year marriage to Steve Gilman, the ...

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

Appellant’s argument that consensual sexual activity with another provides consent to be recorded while doing so is rejected. His conviction under the unlawful filming statute is affirmed. Overview Appellant Johnson made “many” secret recordings of his sexual activity with D.B. ...

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

In this aggravated malicious wounding case, the jury was correctly instructed that a defendant’s heat of passion defense must arise from the victim’s provocation rather than being provoked by someone else. Further, there was sufficient evidence of malice to support ...

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

There was sufficient evidence to show that appellant knew the white powder police found in two envelopes during a vehicle search was a controlled substance. The fact that he misidentified the powder as cocaine, when in fact it was methamphetamine, ...

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

The trial court incorrectly suppressed evidence seized from appellant’s home during the execution of a search warrant because, after finding the warrant deficient, the court should have admitted the evidence under the good faith exception to the exclusionary rule. Overview ...

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

Where there was trial testimony that appellant “forcibly” shook a store’s front doors after business hours, “smirked” at the store manager when told the store was closed and was armed with a handgun, there was sufficient evidence of appellant’s attempted ...

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

A child witness, appellant’s daughter, was properly found competent to testify that appellant murdered his grandfather (the child’s great-grandfather). Appellant’s confrontation rights were not violated when the child’s statements to a forensic interviewer and the child’s foster parent were admitted ...

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

Where appellant, who operated a car sales company, told purchasers that he would provide clear titles to their vehicles and did not do so, these false representations were sufficient to support his convictions of obtaining money by false pretenses. The ...

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

Where appellant did not object to the trial court’s modification of her sentence and probation terms after a show cause hearing, she has waived her appeal of the court’s modification. Background The circuit court convicted appellant Green for uttering a ...

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