Some procedural errors that may have meant dismissed appeals will no longer be fatal, a divided Virginia Court of Appeals said today in a trio of en banc cases. Specifically, in two cases, the court allowed amendments to retool assignments ...

Tagged with: Civil Procedure Judge Glen A. Huff Judge Robert J. Humphreys Judge Robert P. Frank Judge Stephen R. McCullough Judge William G. Petty Virginia Court of Appeals

On the commonwealth’s appeal, the Court of Appeals reverses and remands the trial court’s suppression of evidence based on a search warrant obtained without the officer indicating on the form that an informant named in the affidavit was his source ...

Tagged with: Criminal Judge Stephen R. McCullough Virginia Court of Appeals

Although a deputy admitted he could see the brake lights illuminate on defendant’s vehicle, he nevertheless could stop the vehicle for a defective brake light based on a portion of the multi-part light being unlit; the Court of Appeals upholds ...

Tagged with: Judge Stephen R. McCullough Search & Seizure Virginia Court of Appeals

A trial court did not abuse its discretion in refusing to allow defendant to withdraw his guilty plea to a drug distribution charge, the Court of Appeals holds. In exchange for defendant’s guilty plea, the prosecution agreed to nolle prosequi ...

Tagged with: Criminal Judge Stephen R. McCullough Virginia Court of Appeals

The Court of Appeals reverses mother’s jury trial convictions for felony child neglect for insufficient evidence; mother huffing computer cleaner in her apartment in the presence of her two young sons does not show the boys were exposed to a ...

Tagged with: Criminal Judge Stephen R. McCullough Virginia Court of Appeals

Although husband testified at trial that a parcel of property was inherited by his relatives and he did not realize wife’s name was on a loan and deed for the property, both parties also stated on the record that they ...

Tagged with: Domestic Relations Judge Stephen R. McCullough Virginia Court of Appeals

Defendant is entitled to reversal of her conviction for felon possession of ammunition, the Court of Appeals says; no record evidence shows defendant was even aware of the ammunition concealed in a magazine within a holster pouch; defendant had only ...

Tagged with: Criminal Judge Stephen R. McCullough Virginia Court of Appeals

Although the parties’ consent order included a detailed revision of their custody arrangement, provided for payment of GAL fees and stated that “all other provisions” of the final divorce and the PSA “not inconsistent” with the consent order would remain ...

Tagged with: Domestic Relations Judge Stephen R. McCullough Virginia Court of Appeals

A “dispositional order” transferring legal and physical custody of appellant’s grandchild to DSS and granting visitation to the child’s mother, after appellant was observed passing fraudulent prescriptions in the child’s presence and was charged with prescription fraud, was a “final ...

Tagged with: Civil Procedure Judge Stephen R. McCullough Virginia Court of Appeals

A defendant who appeared at a police station saying he needed to be arrested for his actions, and handed over a note stating he had placed his estranged wife “in a bag on the porch,” cannot suppress statements confessing to ...

Tagged with: Criminal Judge Stephen R. McCullough Virginia Court of Appeals