Please ensure Javascript is enabled for purposes of website accessibility
Home (page 40)

Tag Archives: Virginia Court of Appeals

No review of sentencing guidelines calculations (access required)

Where the trial court adopted the commonwealth’s interpretation of the applicable sentencing guidelines, there is no appealable issue because appellate review of sentencing guideline calculations is precluded by statute. At appellant’s sentencing for his plea-based conviction to a sex crime, ...

Read More »

Petition for actual innocence writ denied (access required)

A petition for a writ of actual innocence, based on the “purported recantations” of one of petitioner’s accomplices and an informant, a “declaration” from another accomplice, and a proffer that another informant recanted his testimony, is dismissed. Further, we reject ...

Read More »

‘Approbate and reprobate’ doctrine bars new trial review (access required)

Where appellant’s counsel agreed to the trial court’s erroneous conclusion that it lacked jurisdiction to consider motions for a new trial, the approbate and reprobate doctrine prevents appellant from taking an inconsistent position on appeal – that the trial court ...

Read More »

Appellant properly charged with two hit-run accidents (access required)

There was sufficient evidence for the trial court to convict appellant of two hit-and-run accidents. Although both arose from the same incident, each accident had a separate causation and there “was a sufficient temporal interval between the two collisions.” Background ...

Read More »