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

There was sufficient evidence that appellant participated in a first-degree murder as an accessory before the fact. Overview Wilson, Durham and appellant were indicted for the first-degree murder of Poole. Appellant was convicted of first-degree murder as an accessory before ...

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

Where appellant was convicted for, among other things, raping and sodomizing his ex-wife, the evidence supports a finding that she was physically incapacitated when these acts occurred, thus making her incapable of consenting to appellant’s actions. Background Appellant Conley and ...

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

Where appellant was convicted of owning a dangerous dog, and the court conditioned her suspended sentence on the dog being euthanized, the court had jurisdiction to enter further orders on the matter. Prior procedure Appellant Stacey was convicted of owning ...

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

Where appellant shot and killed his stepson by firing four shots from a pump-action shotgun, the jury could properly determine from the evidence that he did not act in self-defense or in the heat of passion. There was sufficient evidence ...

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

Where appellant’s presentence report contradicted “in many ways” the reasons proffered at a motion hearing on his request for funds to hire a mitigation expert, the trial court correctly denied the motion. Contrasting information “[T]he record demonstrates that [appellant] Walden’s ...

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

Where a statute allows JDR courts to retain jurisdiction over juveniles until age 21, this includes the authority to modify a sentencing order more than 21 days after the original order was issued. The 21-day limit in Rule 1:1(a) is ...

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

Where the trial court granted appellee pretrial bail without explaining its reasons, and gave “inappropriate weight” to the fact that appellee had been jailed for 20 months, the bail order is vacated. Many delays Appellee Davis, a convicted felon, was ...

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