A statute prohibiting landowners from blocking access to cemeteries located on their property does not apply to other landowners whose property only has a “traditional access route” to the cemetery. Background A 59-acre parcel of land contains a 47-acre parcel ...

Tagged with: Judge Junius P. Fulton III Real Estate Virginia Court of Appeals

Although there was sufficient evidence to convict appellant of racketeering, the court’s failure to give the jury a cautionary instruction regarding corroboration of accomplice testimony requires reversal and remand for a new trial. It was meth Appellant Holmes appeals two ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

Where the circuit court convicted appellant of obstruction of justice, and assault and battery of a law enforcement officer, there was sufficient evidence of her intent to commit the offenses. Obstruction “Toran argues that the evidence was insufficient to sustain ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

Where appellant was declared a sexually violent predator, the trial court correctly concluded that he remained so and needed continuing inpatient treatment based on appellant’s annual review. Criteria “Code § 37.2-900 provides three criteria which must be satisfied to conclude ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

Where the appellant was convicted of driving without a license and misdemeanor eluding, he was not entitled to dismissal of the charges when the commonwealth could not produce police body camera recordings of his arrest. We decline the appellant’s request ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

There was sufficient evidence that appellant, a previously convicted felon, obstructed justice and possessed a concealed weapon on his person before it fell to the road during his attempted flight from the police. Background Appellant Lucas was a passenger in ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

The Court of Appeals of Virginia upheld a decision by a circuit court to grant a motion to suppress evidence filed by a man searched by police who claimed he could not validly consent to the search. The court ruled ...

Tagged with: Evidence Judge Junius P. Fulton III Search and seizure Virginia Court of Appeals

Where an appellant claims that the trial court violated her double jeopardy rights by punishing her for violating the terms of her suspended sentences after the drug court sanctioned her for the same conduct, Rule 5A:18 prevents appellate review because ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

Where appellant was convicted of strangling his wife, the trial court correctly determined that she provided credible testimony about the incident. Further there was sufficient evidence to support his conviction. Choking incident Appellant “asserts that the evidence failed to prove ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals

Even though the prosecution did not disclose exculpatory evidence to appellant before trial and did not take action to identify exculpatory evidence, appellant was not prejudiced by the failure to disclose. As a result, his conviction of aggravated malicious wounding ...

Tagged with: Criminal Judge Junius P. Fulton III Virginia Court of Appeals