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Tag Archives: Judge Wesley G. Russell Jr.

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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Plea waived appeal of new appointed counsel request (access required)

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 ...

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Court had subject matter jurisdiction over driving offenses (access required)

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.’” ...

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No double jeopardy violation in child pornography case (access required)

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 ...

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Restricted movement during bank robbery was abduction (access required)

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 ...

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