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, ...

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

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 ...

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

Appellant did not preserve for appeal his argument that the court’s instructions regarding jury unanimity were flawed. He made an inadequate contemporaneous objection and failed to object immediately after the verdict or when the jury was polled. Further, he waived ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

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 ...

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

Even though there was no video evidence that appellant made an abrupt lane change without signaling, and the police officer who stopped him admitted the stop was “pretextual,” the trial court’s conclusion that the stop was valid and that drugs ...

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

Appellant’s conviction for providing false identifying information to a police officer is upheld. Despite his argument that he had a consensual encounter with the police, he was “lawfully detained” within the statute’s meaning. Facts Police officers Poindexter and Dooley were ...

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

Appellant’s failure to present a written motion in the trial court that charging him with multiple conspiracies to distribute drugs violated his double jeopardy protections precludes him from appealing his convictions on that basis. Further, his failure to object to ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

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 ...

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

Under the unusual facts of this case, where the trial court made a clear legal error in awarding husband 100 percent of the marital share of wife’s military pension, the rules pertaining to a bill of review provided the court ...

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

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 ...

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