Judge Walter S. Felton Jr.

Jun 6, 2016

Prior Conviction Orders Were Admissible

At defendant’s trial for cocaine and heroin distribution, third or subsequent offense, the trial court did not abuse its discretion in admitting into evidence two prior conviction orders for drug-related charges; the Court of Appeals upholds defendant’s convictions. Although defendant challenges the admission of the orders for the reason that the orders were insufficient to […]

May 23, 2016

Teacher’s Sexting Conviction Upheld

An elementary school teacher who acquired an 11-year-old student’s cell phone number, and then sent texts stating he was “cute” and she wanted to kiss him and wished he was 18 years old, and who sent him photos of herself in the bathtub and of her legs and breasts, properly was convicted of using a […]

May 16, 2016

Teacher’s Sexting Conviction Upheld

An elementary school teacher who acquired an 11-year-old student’s cell phone number, and then sent texts stating he was “cute” and she wanted to kiss him and wished he was 18 years old, and who sent him photos of herself in the bathtub and of her legs and breasts, properly was convicted of using a […]

Apr 25, 2016

Venue Proper in Nude Photo-Posting Case

At defendant’s trial for unlawful dissemination of nude images of his wife, from whom he was separated, the trial court did not err in finding James City County, where wife viewed the postings, was a proper venue to prosecute the case; the Court of Appeals affirms defendant’s conviction under Va. Code § 18.2-386.2. About the […]

Jan 12, 2016

No Speedy Trial Issue After Second Arrest

A trial court did not err in denying defendant’s motion to dismiss 46 counts of child pornography possession based on an alleged violation of the five-month period of the speedy trial statute; the Court of Appeals affirms denial of the motion based on the trial court’s application of the nine-month time period under the statute. […]

Dec 9, 2015

Wounded Husband Wins Divorce on Cruelty Ground

A trial court did not err in admitting into evidence a copy of wife’s conviction and sentencing orders for malicious wounding of husband and use of a firearm; although the Court of Appeals reversed wife’s convictions, she entered Alford pleas to the indictments at retrial and her convictions are now final, and the grant of […]

Nov 4, 2014

Victim’s BAC Was Admissible

The Court of Appeals reverses defendant motorist’s bench-trial conviction of aggravated malicious wounding based on a theory that defendant caused a victim’s injuries by striking the victim’s motorcycle with his car; the trial court erred in excluding evidence of the victim’s blood alcohol content of .013 on the night of the accident. The trial court […]

Nov 4, 2014

Prior Orders Showed Offender Registry Gap

Evidence of three certified orders showing defendant previously pled guilty to failure to register as a sex offender, a state trooper’s testimony that defendant told the trooper he had not re-registered, and testimony from a woman who occupied an address given by defendant that he did not live there and she did not know him, […]

Oct 13, 2014

Batson Claim Waived on Appeal

A defendant who challenged the prosecutor’s use of peremptory strikes against four African-American jurors waives his appellate claim under Rule 5A:18 because he merely noted his objection to the trial judge’s acceptance of the proffered race-neutral explanations for the strike, and did not address whether those reasons were pretext; the Court of Appeals affirms defendant’s […]

Aug 26, 2014

‘Tip’ Testimony Violated Confrontation Clause

A defendant’s convictions of a hotel-room robbery of a Canadian mother and daughter vacationing near Washington, D.C., are reversed because the trial court erred in allowing a detective to testify as to the content of an anonymous tip he received from Crime Solvers, in violation of defendant’s Confrontation Clause rights. In Crawford v. Washington, 541 […]

Jul 18, 2014

Father Failed to Cope with Serious Medical Needs

The Court of Appeals upholds termination of a father’s parental rights for his repeated failure to attend to two of his children’s serious medical needs by seeking medical attention and providing follow-up care. The evidence showed father was often absent, failed to protect his two younger children from neglect by their mother, who suffered from […]

Jul 18, 2014

Drug Abuse Effects Support Rights Termination

The Court of Appeals upholds termination of a mother’s parental rights for her repeated failure to attend to two of her children’s serious medical needs by seeking medical attention and providing follow-up care. Despite provision of support services, the mother appeared to be overwhelmed and had difficulty supervising the children on her own. She struggled […]