Tag Archives: Virginia Court of Appeals

Child pornography evidence admissible at sex abuse trial (access required)

Appellant’s convictions of animate object sexual penetration, aggravated sexual battery and custodial sexual abuse were not flawed by the admission of evidence that he had child pornography on his computer. Further, the court properly denied defense counsel’s motion to withdraw, ...

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Internet ban was not ‘narrowly tailored’ probation condition (access required)

Where, as part of appellant’s probation, the court banned him from using the internet without his probation officer’s permission, we remand for resentencing so the court can state reasons that would justify a general ban or narrowly tailor use restrictions ...

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Exemption from building code did not aggrieve appellants (access required)

Where building commissioner determined that a barn used for weddings and events was a “farm building” and thus not subject to inspection as a commercial building, appellants, who operate a nearby equestrian business, cannot challenge the decision under the Virginia ...

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Victim properly allowed to invoke Fifth Amendment (access required)

The trial court correctly allowed a malicious wounding victim to invoke her Fifth Amendment privilege against self-incrimination at appellant’s trial. Further, there was no error in allowing the prosecutor to introduce a transcript of the victim’s testimony at appellant’s preliminary ...

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Mother could not testify in custody case-in-chief (access required)

Where the circuit court precluded mother from testifying in her case-in-chief at a custody hearing because, in response to father’s interrogatories, she did not identify herself as a potential witness and describe her anticipated testimony, her failure to provide the ...

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