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, ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Stuart A. Raphael Judge Vernida R. Chaney Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

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, ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Where appellant was convicted as an accomplice of her father’s aggravated malicious wounding and malicious wounding of two individuals, there was sufficient evidence that her actions created accomplice liability. Background Kelly was at an apartment shared by Boykins and Cortez. ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Appellant’s assault and battery conviction is affirmed because the victim reliably identified her as the assailant. Background Christie, the assault victim, was using a vending machine in a bus station’s lobby when Knight, the appellant, jogged up to him and ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals