There was sufficient evidence that appellant intended to permanently deprive her boyfriend’s mother of jewelry when she took it from the home and pawned it. Appellant’s inconsistent explanations about the circumstances under which the jewelry was pawned negates the countervailing ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where the police made a valid vehicle stop, appellant-passenger lacked standing to challenge the vehicle search. The court properly denied his motion to suppress evidence found in the vehicle. Further, because appellant was lawfully detained during the stop, the court ...

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

The trial court correctly refused to set aside appellant’s rape and firearm convictions based on the victim’s recantation of her trial testimony after determining the recantation was coerced. Further, there was sufficient evidence to support the convictions because inconsistencies in ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where the police had a valid warrant to search appellant’s electronic devices for evidence of drug crimes, the trial court incorrectly suppressed evidence of unrelated crimes discovered during the search. The unrelated evidence was admissible under the plain view doctrine. ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Even assuming without deciding that it was error to admit evidence of a horizontal gaze nystagmus (HGN) test administered by the police officer who arrested appellant for drunk driving, any error was harmless given the other evidence of appellant’s guilt. ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where appellant claims he did not know he was driving a stolen truck, the trial court correctly discounted his explanation that he paid someone $40 to drive on his birthday. Appellant provided no identifying information for this person other than ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Appellant’s conviction for attempting to disarm a police officer is affirmed. The officer testified that appellant grabbed for her service pistol several times, Further, in viewing the evidence in a light most favorable to the commonwealth, appellant admitted to her ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Even though appellant completed a registered nursing program in Korea and was a licensed practical nurse in New York, she is not entitled to be licensed as a practical nurse in Virginia because the relevant statute requires completion of an ...

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

Where the trial court suspended a portion of appellant’s sentences, “the period of suspension of the suspended sentences” began to run upon his release from prison and not, as he argues, upon the court’s pronouncement of the suspended sentence. As ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant had no possessory interest in the residence and lacked permission to be there when she and an accomplice “went to the residence, … kicked in the front door” and went inside, this was sufficient evidence to support her ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals