The Court of Appeals of Virginia says evidence of involuntary intoxication cannot be used as a “back-door way” to prove a defendant’s mental state outside of a formal insanity defense. A three-judge panel of the Court of Appeals refused to ...

Tagged with: Virginia Court of Appeals

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

Tagged with: Judge Glen A. Huff Search & Seizure Virginia Court of Appeals

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

Tagged with: Judge Glen A. Huff Search & Seizure Virginia Court of Appeals

Although some evidence potentially may have impeached the veracity of a report that a father molested his daughter, statements by multiple of his children supported the hearing officer’s finding that the report was founded. Background Appellant Robert London, father to ...

Tagged with: Administrative Per Curiam Opinion Virginia Court of Appeals

In terminating a father’s parental rights, the circuit court did not err in finding that relative placement with the father’s mother would be detrimental to the child due to the possibility that she would permit the father to live with ...

Tagged with: Judge Robert J. Humphreys Parental Rights Virginia Court of Appeals

Because a mother first raised the fact of a positive drug test on her sentencing date in a different matter, and because her children had been in foster care for nearly a year and a half, the circuit court did ...

Tagged with: Judge Robert J. Humphreys Parental Rights Virginia Court of Appeals

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

Tagged with: Constitutional Criminal Judge Glen A. Huff Search & Seizure Traffic Offenses Virginia Court of Appeals

Attempted petit larceny qualifies as a felony recidivist “third or subsequent offense” under Code § 18.2-104, meriting an enhancement sentence. Background At trial, the Commonwealth presented evidence that Appellant Fred Coleman was attempting to steal a bicycle when the victim ...

Tagged with: Criminal Judge Mary Grace O'Brien Sentencing Virginia Court of Appeals

After he was granted sole legal and physical custody of his child, an order granting a father’s petition for child support effectively terminated a previous order setting forth the father’s child support obligations. The old order had been entered when ...

Tagged with: Domestic Relations Family Law Judge Charles E. Poston Virginia Court of Appeals

A mother’s opening brief lacked sufficient principles of law and legal authorities to merit review of the circuit court’s order finding a risk of abuse or neglect and approving the goal of adoption for her child. Background Mother and Father, ...

Tagged with: Civil Procedure Family Law Judge Rosemarie Annunziata Parental Rights Virginia Court of Appeals