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

A medical service provider’s application to the Virginia Workers’ Compensation Commission to recover an unpaid balance owed by the city of Newport News for treating an injured employee was not barred  by laches, even though the application was made 16 ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers’ Comp

Appellant’s conviction for violating a city ordinance that require a person to produce identification when “the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification” is reversed. The city has conceded ...

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

Where appellant developed numerous conflicts with appointed counsel, the trial court correctly concluded this was a “deliberate delay strategy” that resulted in a waiver of the right to counsel. Appellant cannot attack his convictions on the basis that he was ...

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

Where the trial court denied husband’s motion for reduced spousal support because wife acquired a job, the trial court properly determined that this was not a material change in circumstances that warranted modifying husband’s support obligation. But the trial court’s ...

Tagged with: Domestic Relations Family Law Judge Louise M. DiMatteo Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where the evidence shows that it was appellant’s idea to become a confidential informant and participate in a controlled drug buy with a high-level distributor, the trial court correctly refused to instruct the jury on entrapment at appellant’s trial for ...

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

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 ...

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