The trial court correctly told the jury at appellant’s rape trial that it could not consider his intellectual disability in relation to the victim’s consent. A new diminished capacity statute does not require the commonwealth to prove “that he knowingly ...

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

Where the assault victim’s written statement to the police was admitted under the past recollection recorded exception to the hearsay rule, the merits of the issue will not be reached because any error was harmless. Overview Appellant Saul appeals his ...

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

The trial court applied an incorrect standard when it granted appellant’s motion to suppress his post-Miranda statements. Background After being stopped by two police officers, Skillman and Kirby, appellant Thornhill consented to a vehicle search. The search revealed a baggy ...

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

A prenuptial agreement signed the day before a couple’s wedding was unenforceable because the groom failed to disclose $10 million in assets, the Court of Appeals of Virginia has ruled. The groom argued that the lack of disclosure didn’t matter, ...

Tagged with: Domestic Relations Judge Doris Henderson Causey Judge James W. Haley Jr. Judge Richard Y. AtLee Jr. prenuptial agreement Virginia Court of Appeals

Where the parties’ premarital agreement recited there had been full disclosure of their assets, when, in fact, the disclosure documents were left blank, husband cannot enforce the agreement because it is unconscionable. Husband’s undisclosed assets were more than $10 million ...

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

Where appellant was convicted of falsely applying for public assistance and two counts of falsely obtaining public assistance, there is sufficient evidence that she signed two required interim reports, falsely representing that she was not working and had no income. ...

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

Where appellant pleaded guilty to hit and run, and no contest to reckless driving, the trial court did not abuse its discretion by imposing the maximum statutory sentence for each offense – active sentences of 10 years for hit and ...

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

Where appellant alleges there is insufficient evidence that he stabbed the victim, surveillance videos, and testimony from the victim and a police officer belie the claim. Video evidence “[T]here was sufficient evidence from which a rational factfinder could have determined ...

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

Testimony from an eyewitness and a police officer was sufficient to convict appellant, a convicted felon, of possessing a firearm, and possessing a gun and a controlled substance simultaneously. Going down the road Drew was driving on a back road. ...

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

Where appellant argues his conviction for driving without a license was void ab initio because the summons failed to state an offense, the summons was not a court document and thus cannot be void ab initio. “He also argued that ...

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