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Tag Archives: Judge Rossie D. Alston Jr.

Error – Reduced Charge – Ends of Justice Exception to Failure to Preserve Argument (access required)

Jones, S/K/A Jake Robert Jones v. Commonwealth (VLW No. 017-7-231-UP, 9 pp.) (Alston, J.) Record No. 0837-16-3. Appeal from the Circuit Court of Roanoke County (Swanson, J.) Holding: Where the plaintiff-appellant was convicted for misdemeanor interference with the property rights ...

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Mother’s conviction in son’s drowning death reversed (access required)


A divided panel of the Court of Ap­peals of Virginia has reversed the felony child neglect conviction of a Pulaski County mother whose 5-year-old son died in a septic tank accident. The 2-1 ruling holds that prosecutors failed to show ...

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Striking Unconscious Victim Was Not ‘Self-Defense’ (access required)

Although defendant, charged with continuing to hit and stomp a man he confronted on the Virginia Beach boardwalk, contended the evidence in this case supported a jury instruction on self-defense, the Court of Appeals upholds denial of the jury instruction ...

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Record Insufficient for Father’s ‘Credit’ Claim (access required)

Because the appellate record is incomplete, especially in not including guidelines worksheets,  the Court of Appeals affirms the judgment below and will not consider appellant’s claim that the trial court erred in its order governing payment of, and any credit ...

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