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Tag Archives: Virginia Court of Appeals

Amnesty statute applies to subjective overdose belief (access required)

Virginia’s medical-amnesty statute, which shields persons from arrest or prosecution when they seek emergency medical assistance for a drug overdose, applies to persons who have a subjective belief that they have overdosed. Statement of the case “This case presents two ...

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No retroactive application of statute to suppress evidence (access required)

A 2021 statute that precludes vehicle searches based solely on the odor of marijuana and requires suppression of evidence found during such searches cannot be applied retroactively to exclude a weapon found during a 2019 search of appellant’s vehicle. Introduction ...

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Evidence supports wounding and burglary convictions (access required)

Where appellant was convicted of malicious wounding and burglary, the victim provided credible testimony about the attack. Introduction Appellant Serri, accompanied by Rikki, his girlfriend, went to Hinton’s house. Hinton was familiar with Rikki. On the night of the attack, ...

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Evidence supports aggravated sexual battery conviction (access required)

The evidence supports findings that appellant touched his daughter’s “intimate part” and did so with the intent “to sexually molest, arouse, or gratify any person.” Overview “[T]o sustain [appellant] Valentine’s conviction of aggravated sexual battery regarding his contact with T.H. ...

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Court adopted prosecution’s speedy trial calculations (access required)

Appellant’s convictions for assault and battery on a law enforcement officer, obstruction of justice and driving after forfeiture of license are affirmed. There was no speedy trial violation. Defense counsel’s “agreement … to a trial date outside the speedy trial ...

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