Where more than 21 days had passed after the circuit court entered a conviction and sentencing order in appellant’s assault and battery case, the court lacked jurisdiction to enter an order denying appellant’s motion for reconsideration. As a result, appellant ...

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

Where a police officer stopped a vehicle after running its license tags, learning that there was a warrant for the vehicle’s owner and observing that the driver matched the owner’s general description, the officer had a reasonable, articulable suspicion to ...

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

The trial court was free to disbelieve appellant’s claim that he was an invited overnight guest at a home. Thus, he lacked standing to raise Fourth Amendment arguments to contest evidence that was in plain view along with other evidence ...

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

Where the trial court considered the parties’ incomes when apportioning the marital debt, this was a proper consideration under the “catch all” provision of Code § 20-107.3(E). Further, there was no error in the trial court’s methodology for determining wife’s ...

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

The trial court correctly determined that appellant was not entitled to a voluntary manslaughter jury instruction at his first-degree murder trial. The instruction was not supported by appellant’s assertions that he did not fire at a vehicle driving away from ...

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

Although the trial court erred by ruling that the minor child’s age, in and of itself, made her incapable of consenting to appellant’s video recording of her while she undressed, the error was harmless because there was ample other evidence ...

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

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 ...

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

Appellant was not prejudiced when a courtroom clerk told the jury they had to sentence defendant in accordance with the judge’s instructions, rather than referring the question to the presiding judge. The jury sentenced appellant to the combined minimums for ...

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

Where a police officer entered appellant’s curtilage around 12:30 a.m. and knocked on a side door to speak with him about his vehicle’s involvement in a traffic accident 15 minutes earlier, the knock and talk was reasonable under the circumstances. ...

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

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. ...

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