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Tag Archives: Judge Teresa M. Chafin

CAV: No double jeopardy under new SCOTUS ruling (access required)

Like the petitioner in Currier v. Virginia, a defendant who voluntarily requested to sever and continue one of the charges against him for strategic reasons could not prevail on his claim that the second trial violated double jeopardy principles, either ...

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CAV: Continuance denial during incarceration not improper (access required)

The circuit court did not err in not continuing a hearing to terminate a father’s parental rights while he was incarcerated; nor did it err in determining that termination was in the child’s best interests. The father had minimal contacts ...

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AG flips position after prosecution of woman who hid fetus (access required)

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The office of Virginia Attorney General Mark R. Herring argued in February to uphold the conviction of a Franklin County woman who discarded a stillborn fetus in a dumpster. Katherine Dellis was convicted under a law that prohibits the concealment ...

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CAV: Prior statement was cumulative, corroborated (access required)

Even if a witness’s prior consistent written statement did not meet the standards for admissibility under the applicable hearsay exception, it didn’t affect the jury verdict because it was corroborated by substantial other testimony. Background Appellant Juan Candelaria and Joseph ...

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CAV: No “similar” offense needed for “sexually violent” label (access required)

Because the defendant had been required by the State of Idaho to register with the state’s sex-offender and crimes-against-minors registry, Virginia law classifies him as a sexually violent offender who must re-register every 90 days. Background In 2004, Appellant Thomas ...

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CAV: Probation could be delayed pending unrelated jail time (access required)

The trial court did not err in abating the defendant’s probation term during her active incarceration for an unrelated crime, without following the notice and hearing requirements of Code § 19.2-304. Background On May 31, 2013, Appellant Lanikki Edwards entered ...

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