Where appellant was convicted of a drug offense, based, in part, on a confidential informant’s testimony about a controlled drug buy, her testimony was reliable and sufficiently supports the conviction. Appellant’s argument Appellant “Campbell argues that Slusher’s [the informant’s] testimony ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where a search of appellant’s truck revealed a firearm, and a police dog alerted to the drugs in the vehicle, the trial court correctly concluded that the police did not unduly delay the stop while waiting for the dog and ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where appellant was convicted of arson, there was sufficient evidence that she deliberately set the fires. Overview Appellant Young said she had been lost in the woods for several days when she came upon a cabin. She slept on the ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where appellant was convicted of assault and battery of a law enforcement officer, there was sufficient evidence that appellant deliberately struck the officer’s head with his while the officer was trying to restrain him. Intentional act “Edmunds argues that the ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where appellant was convicted of attempted capital murder and aggravated malicious wounding, among other crimes, arising from assaulting his estranged wife in her home, there is ample evidence that appellant acted with malice regarding the attempted murder and aggravated wounding ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where a masseur was convicted of three counts of object sexual penetration and  seven counts of aggravated sexual battery by a massage therapist, he accomplished this by force, threat or intimidation by “improperly touch[ing] a vulnerable client who lies frozen ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where a judgment creditor sought to serve out-of-state subpoenas duces tecum on third parties in Virginia suspected of holding the debtor’s property or assets, the trial court should have granted the debtors’ motion to quash. Rulings “We consider here whether ...

Tagged with: Civil Practice Judge Stuart A. Raphael Virginia Court of Appeals

Where a workers’ compensation recipient needed to take Uber rides to some of her medical appointments, her employer and its insurer were not owed any notice as a prerequisite to her recovering the cost of the rides. “The Workers’ Compensation ...

Tagged with: Judge Stuart A. Raphael Virginia Court of Appeals Workers’ Comp

Where appellant’s probation revocation hearing was continued after his wife failed to attend and provide testimony against him, there was no error. Good cause “Runion asserts that the trial court erred by finding good cause to continue the probation violation ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals

Where appellant claimed self-defense or the defense of others after shooting the victim, the trial court properly credited the victim’s testimony and rejected appellant’s self-serving version of the events. Overview Flood’s conviction of aggravated malicious wounding arose from an incident ...

Tagged with: Criminal Judge Stuart A. Raphael Virginia Court of Appeals