Even though the petitioner was acquitted of federal murder charges, this does not establish entitlement to a state-court writ of actual innocence. Although the federal prosecution arose from the same evidence that led petitioner to plead guilty to involuntary manslaughter ...

Tagged with: Criminal Virginia Court of Appeals

Where a workers’ compensation claimant failed to appeal a determination which didn’t address payments for ongoing treatment of a compensable injury, his claims were barred by res judicata. The Virginia Court of Appeals affirmed a finding of the Workers Compensation ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers' Compensation

Where appellant refused his passenger’s request for medical treatment, this was sufficient evidence for a felony hit-and-run conviction. The relevant statute provides that the duty to render reasonable assistance is triggered if it is “apparent that medical treatment is necessary” ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where a sentencing statute was amended after proceedings to revoke appellant’s suspended sentences commenced, the circuit court’s ruling that the amended statute does not apply to appellant is affirmed. Taylor v. Commonwealth, 44 Va. App. 179 (2004), provides “that ‘when ...

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

Where the circuit court denied the commonwealth’s motion to revoke bail, the court’s order is reversed. The circuit court only considered respondent’s alleged new conduct that prompted the commonwealth’s motion. The circuit court did not consider all of the factors ...

Tagged with: Criminal Virginia Court of Appeals

Appellant’s argument that the circuit court abused its discretion by imposing four months of her 10-year suspended sentence lacks merit. Discussion “Appellant argues that the trial court abused its discretion when it revoked her previously suspended sentence and imposed an ...

Tagged with: Criminal Virginia Court of Appeals

There was sufficient evidence to determine that appellant constructively possessed a shotgun found in his truck. His conviction of possession of a firearm by a convicted felon is affirmed. Firearm possession “Appellant’s assignment of error challenges the sufficiency of the ...

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

There was no evidentiary error at appellant’s trial, where he was convicted of three counts of forgery of a public document, three counts of uttering a forged public record, identity theft, and falsely identifying himself to the police. Background Officer ...

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

Where appellant did not show that the commonwealth suppressed  information favorable to his defense that would otherwise have been unavailable, the circuit court correctly denied his motion for a mistrial. Overview Golden, a confidential informant for the police,  made controlled ...

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

Where appellant committed a series of probation violations, the trial court correctly revoked her suspended sentence and sentenced her under the probation agreement’s terms, leaving her with a one-year active sentence. Background After being charged with a drug crime, appellant ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals