A divided Court of Appeals panel affirms suppression of a gun found in a vehicle after an officer standing outside the open passenger door said he saw “a possible weapon or gun in the vehicle”; the weapon was not discovered ...

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

A defendant who sold drugs to a confi­dential informant at a picnic table near a motel and within 1,000 feet of school property has her conviction under Va. Code § 18.255.2(A)(2) affirmed by the Court of Appeals; the picnic table ...

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

A defendant’s post-release period of probation had expired by operation of law before the trial court entered an order extending the probation period for defen­dant to pay restitution, and the Court of Appeals reverses the trial court decision that defendant ...

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

The Court of Appeals upholds defen­dant’s conviction of displaying a noose with the intent to intimidate for hanging an all-black, life-size dummy by a noose from a tree in his front yard, next door to his African-American neighbors; defen­dant’s conviction ...

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

A defendant who, with a companion, purchased Himalayan salts, packaged it to look like “molly,” or MDMA and ad­mitted to a police officer that they would have sold the baggies as molly if someone has asked for it, is convicted ...

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

An ABC agent who conducted a site vis­it at a liquor license applicant’s business violated her Fourth Amendment rights when, because the agency suspected the business had multiple owners, the agent went into her business office and searched through her ...

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

The Court of Appeals says there was sufficient evidence to convict defendant of second-degree murder and use of a fire­arm; the trial court did not err in denying defendant’s motions for a mistrial and a new trial based on attorney ...

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

Appellant mother’s husband did not be­gin representing her in this case involv­ing visitation until after the circuit court already had decided to vacate the JDR court’s judgment and dismiss the case; since the lawyer delayed representation until it was certain ...

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

Although defendant claims a juror ini­tially expressed her belief that “an inno­cent person would take the stand in their own defense,” and she would “be more likely to think he was guilty” if he did not take the stand, the ...

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

The Court of Appeals reverses defen­dant’s conviction under Va. Code § 18.2- 248(C) because his possession of mere residue in a pipe is not enough to show he possessed methamphetamine contem­poraneously with an intent to distribute the drug, but he ...

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