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Tag Archives: Supreme Court of Virginia

Protective order’s return of service not testimonial (access required)

Where appellant attempted to buy firearms while under an unexpired preliminary protection order, the order’s return of service, which was used at trial to establish an element of the offense, was not “testimonial.” Therefore, appellant’s Sixth Amendment confrontation right was ...

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Failing to seek hearing bars habeas petition (access required)

Where appellant claimed he received ineffective assistance when counsel allegedly failed to advise him of his appeal rights following his plea-based convictions, his habeas corpus petition, in which he argues the trial court should have granted him an evidentiary hearing, ...

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Handgun was secured in backpack, concealed weapon conviction reversed

Where police searched a vehicle occupied by appellant and found a handgun in a backpack pouch that was zipped shut, the handgun was secured within the meaning of the concealed weapon statute. As a result, appellant’s conviction for carrying a ...

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