Where appellant was convicted of possessing a controlled substance, there is sufficient evidence that he knew that the bottom of a soda can contained heroin residue. Knowledge “Lane relies on his testimony that Culpepper gave him a ‘clear baggy’ and ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

The trial court correctly granted the prosecution’s motion in limine at appellant’s murder trial to exclude any mention of his civil suit against the police on the grounds that “evidence of the suit was irrelevant, would be unduly prejudicial, and ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where a police detective pursuing appellant saw him throw a bag from his car window, there was sufficient evidence that he possessed the marijuana found the bag by a police officer who was assisting in the chase. Background Strano, a ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where the police conducted a search based on the smell of marijuana coming from a vehicle, appellant’s motion to suppress, based on a statute banning such searches, was correctly denied. The statute became effective after the search was conducted. Two ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted after a bench trial of maliciously shooting at an occupied vehicle and attempted murder and other offenses, sufficient evidence supports the convictions. Malicious shooting “The circuit court found Smith guilty of three counts of ‘maliciously shooting ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was denied bail after being charged with several sex crimes, the court did not err by relying on appellant’s own testimony to rule that there was probable cause to believe he would be a danger to the public ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted of simple abduction, sexual assault, and attempted statutory burglary, the victim’s credible testimony provided sufficient evidence of the abduction and sexual assault charges. Credible testimony “Breakley contends that the Commonwealth failed to show he detained or ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant claims the trial court abused its discretion by imposing sentences that exceeded the sentencing guidelines, his failure to object dooms his appeal. Overview “At the sentencing hearing, the circuit court considered the completed PSR and numerous victim witness ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant’s touching of the victim was “done in a rude, insolent, or angry manner,” there was sufficient evidence to convict appellant of assault and battery. Overview Rogers approached Thurman in a bar and attempted to strike up a relationship ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted for assaulting a police officer and obstructing justice, there was sufficient evidence to support the convictions. Police were called to break up a fight at a bus stop between appellant and Christian. Appellant interfered with the ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals