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Tag Archives: Judge Wesley G. Russell Jr.

Other-acts evidence correctly admitted at burglary trial (access required)

Where the trial court admitted other-acts evidence – an uncharged burglary – at appellant’s burglary trial under the modus operandi exception to the general rule barring evidence of other criminal acts, appellant’s appeal is not properly before the court. His ...

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Accommodation defense rejected in heroin case (access required)

The circuit court correctly rejected appellant’s accommodation defense, which would have entitled him to a lesser punishment for possessing heroin with intent to distribute. The accommodation evidence offered was unrelated to the transaction for which he was convicted. Background Appellant ...

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Mother could not testify in custody case-in-chief (access required)

Where the circuit court precluded mother from testifying in her case-in-chief at a custody hearing because, in response to father’s interrogatories, she did not identify herself as a potential witness and describe her anticipated testimony, her failure to provide the ...

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Evidence was admissible under plain view doctrine (access required)

Where the police had a valid warrant to search appellant’s electronic devices for evidence of drug crimes, the trial court incorrectly suppressed evidence of unrelated crimes discovered during the search. The unrelated evidence was admissible under the plain view doctrine. ...

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