Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

A Virginia Court of Appeals panel majority says a driver could not be guilty of reckless driving when the evidence showed only that he failed to see a stopped motorcyclist in time to avoid a fatal collision. The court overturned ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Motor vehicles Virginia Court of Appeals

The trial court correctly determined the parties’ incomes for purposes of awarding child and spousal support. Overview The parties married in 1998, had three children and separated in August 2017. Wife entered law school when the parties married but did ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

The trial court correctly awarded mother sole legal and primary physical custody of the parties’ minor child and limited father’s visitation to two two-hour supervised visits per month. Background The parties’ minor child is diagnosed with high functioning autism. As ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where appellant objected to the admission of evidence on Fourth Amendment grounds but never obtained a ruling from the trial court, he has not preserved the issue for appeal. Prior procedure As appellant was leaving a friend’s house, two police ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where a trial court has the statutory discretion to reimpose the entirety of a previously suspended sentence, the trial court in this case did not abuse its discretion by doing so, given appellant’s “repeated” violations of the conditions attached to ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where appellant stated he was satisfied with his original counsel’s performance before entering pleas to several charges, he cannot argue on appeal that the trial court did not properly handle appellant’s request for a new appointed attorney. Background Appellant Delp ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where appellant argues the circuit court “‘lacked subject matter jurisdiction’ when it tried him without a jury[,]” even assuming the court erred by conducting a nonjury trial, it did not conduct “a proceeding for which it ‘lacked subject matter jurisdiction.’” ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Appellant’s convictions and sentences for production of child pornography and possession of child pornography do not violate double jeopardy principles. Possession of child pornography is not a lesser-included offense of production of child pornography. Background Appellant was 17 years old ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where appellant ordered three bank employees to lie on the floor during the course of his robbery, this restriction of movement was sufficient to support independent charges of, and convictions for, abduction. Restricting the employees’ movements was not an element ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals