Judge Vernida R. Chaney

Traffic cone in parking lot
May 30, 2023

Parking change breached contract, violated zoning law

A Fairfax County condominium association’s reallocation of parking spaces violated local and state law and breached its contract with the owner of three commercial condominium units in the development, the Court of Appeals of Virginia upheld. The owner of the commercial condominium units filed suit over the parking reallocation plan after the plan reduced the […]

May 9, 2023

Parking space dispute correctly resolved

Where appellant condominium association reallocated parking spaces, the trial court correctly concluded that appellant breached its contract with appellee and violated Virginia’s Condominium Act and a county zoning law. Statement of the case “Following a bench trial in the Fairfax County Circuit Court (trial court), Telegraph Square II Condominium Owners Association (‘appellant’ or the ‘[...]

Apr 20, 2023

Trial court imposed incorrect sentence

Where the circuit court imposed an active sentence that was longer than the statutory 14-day maximum for a second technical violation of a probation condition, the sentencing order is void ab initio and the case is remanded for resentencing. “As a matter of first impression, this Court holds that under the sentencing limitations established in […]

Apr 10, 2023

Malicious shooting convictions affirmed

Where appellant shot the victim three times in a mall food court, he was properly charged and convicted of voluntary manslaughter and three counts of maliciously shooting within an occupied building. Background Taylor, his mother and sister, and Taylor’s two-year-old son went shopping at a mall. Taylor had a backpack he used as a diaper […]

Mar 28, 2023

Drug possession conviction reversed

In a split decision, the majority holds that the trial court correctly denied appellant’s motion to suppress but reverses his conviction for possessing etizolam. Background “While investigating a public-indecency complaint, the sheriff’s deputies here spoke with appellant Dana Mark Camann, Jr., in the parking lot of a convenience store. “During that encounter, one deputy noticed […]

Mar 7, 2023

Victim provided credible testimony at rape trial

Where appellant was convicted of two counts of rape, the trial court correctly denied his motion to strike after determining that the victim provided credible testimony about the assaults. Further, the victim’s lack of consent was sufficient to prove appellant used force to accomplish the assaults. Inconsistencies Appellant “Thullah asserts that H.B.’s uncorroborated testimony was […]

Dec 8, 2022

No reasonable suspicion to detain appellant

A deputy did not have an articulable suspicion to detained appellant and a companion because he thought they matched the description of a “be on the lookout” description of three armed robbery suspects. Deputy Stroup “could not recall the specifics of the BOLO description, which included a vague description of clothing but did not include […]

Dec 5, 2022

Felony hit and run conviction affirmed

Where appellant sped through a construction zone, hit a worker and failed to stop, he was properly convicted of felony hit and run and reckless driving. Because there was a child in the vehicle, appellant was correctly convicted of felony child endangerment as well. Hit and run “Pollard contends that the trial court erred in […]

Nov 29, 2022

Vehicle stop made on reasonable suspicion

An investigative stop of appellant’s vehicle was reasonable based on an anonymous tipster’s face-to-face report to police. Appellant’s argument “Galvante contends that the officers unconstitutionally seized him without reasonable suspicion when they stopped his car based on an uncorroborated report by an anonymous informant. An investigative vehicle stop constitutes a seizure under the Fou[...]

Nov 14, 2022

Evidence supports malicious wounding conviction

Where appellant was convicted of malicious wounding and firearm offenses, his argument that there was insufficient evidence to convict because the victim’s testimony was “inherently includible” is not well-taken. Background After appellant Lane and his brother Quintaz argued about money, Lane shot Quintaz in the face and back, and shot Quintaz’s companion, Brown, in the […]

Nov 8, 2022

Evidence supports forcible sodomy verdict

Appellant’s conviction of forcible sodomy accomplished through the use of the complaining witness’s physical helplessness is affirmed. Appellant’s own testimony established the penetration element of the crime. His own testimony “Costas contends that the circuit court erred in denying his motion to strike. The sole basis of Costas’ motion to strike on the charge of […]

Oct 23, 2022

Insufficient evidence for drug crime conviction

Appellant’s conviction of distributing a controlled substance is reversed because there is insufficient evidence that appellant sold the drugs to a paid informant. The evidence reveals the possibility that someone other than appellant could have provided the drugs that were found on the informant following a controlled buy. Chain of circumstances “The Commonwealth’s case against […]

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