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Tag Archives: Judge Wesley G. Russell Jr.

Sufficient evidence appellant illegally had controlled drug (access required)

After considering the totality of the evidence, the trial court correctly determined that appellant was aware of the nature and character of the controlled substance he possessed. Overview Officer Land responded to a call about appellant Swinea, who told Land ...

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No appeal of property settlement interpretation (access required)

Where wife challenges post-decree relief granted to husband on the basis that the trial court misinterpreted the parties’ property settlement agreement, her arguments cannot be considered on appeal because she did not timely appeal the final decree. Overview On Sept. ...

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Evidence did not support reckless driving conviction (access required)

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 ...

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Driver who failed to see motorcyclist not ‘reckless’ (access required)

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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 ...

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Failure to obtain ruling waived search challenge (access required)

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 ...

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