A defendant who agreed to jury instructions that included finding instructions on both attempted rape and assault and battery cannot on appeal challenge his conviction for assault and battery on the ground that it is not a lesser-included offense of ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

On rehearing, a panel of the Virginia Court of Appeals holds that because the commonwealth did not prove that the quantity of fake crack cocaine defendant possessed – three small corner “baggies” worth about $20 each – was not inconsistent ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

The Court of Appeals says a young woman who drove the car when her brother and a companion destroyed a residential mailbox, and who brought flowers and an apology and offered repairs to the homeowner, can be convicted of misdemeanor ...

Tagged with: Criminal Virginia Court of Appeals

A telephone recording of a conversion defendant had while incarcerated in an Adult Detention Center was properly admitted into evidence, and the Court of Appeals affirms defendant’s conviction for possession of a firearm as a convicted felon. The commonwealth presented ...

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

A police officer did not exceed his lawful authority when he obtained permission from defendant to search his vehicle after making a lawful traffic stop, and it was not necessary to suppress the four bags of crack cocaine that fell ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals

Although defendant claims no one saw him break into neighbors’ homes or place stolen property from those homes inside his own shed, the Court of Appeals says there is sufficient circumstantial evidence to convict him of the break-ins. In addition ...

Tagged with: Criminal Per Curiam Opinion Virginia Court of Appeals

Although defendant’s sister and fiancee had a complicated story about picking up defendant when he was intoxicated and then leaving him, without the car keys, to sleep it off, defendant told police he had “17,000 beers” that night and there ...

Tagged with: Judge Jere M.H. Willis Jr. Traffic Offenses Virginia Court of Appeals

The Court of Appeals reverses a defendant’s robbery, abduction and firearms convictions because the record shows the trial court abused its discretion in not allowing defendant to withdraw his waiver of a jury trial when plea negotiations broke down and ...

Tagged with: Criminal Judge Walter S. Felton Jr. Virginia Court of Appeals

Defendant has waived a portion of his challenge to the trial court’s jurisdiction to revoke his probation on the ground the time within which to revoke his sentences had expired, but the Court of Appeals finds the record affirmatively demonstrates ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

The Court of Appeal rejects defendant’s claim that he cannot be convicted of both felony murder and lynching-by-mob for his role in the robbery and beating of three men, that led to the death of one of the victims. Defendant ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals