No Virginia precedent sets forth specific types of evidence that must be proven to show lascivious intent in a sexual battery case. Such intent may be proven with any evidence that establishes such intent beyond a reasonable doubt. Background Four-year-old ...

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

A defendant’s constitutional right against double jeopardy was not violated by her convictions for both felony murder and felony hit-and-run. Background One morning in September 2014, a woman later identified as Defendant Sarah Flanders drove a red Dodge Durango onto ...

Tagged with: Constitutional Criminal Fifth Amendment Judge Rudolph Bumgardner III Virginia Court of Appeals

The circuit court did not err in concluding that, despite their willingness to care for a child, the mother’s relatives were not suitable placements due to concerns about their age, health, living conditions, potential criminality, and attentiveness. Background Appellant Paula ...

Tagged with: Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

The trial court erred in holding a father in contempt for failing to notify the mother of their child of the date of their son’s first communion. Background Father and Mother, who separated in 2008, are subject to a final ...

Tagged with: Civil Procedure Domestic Relations Family Law Judge Rosemarie Annunziata Virginia Court of Appeals

Evidence was sufficient to convict the defendant of possession of heroin with intent to distribute when he sped away from police in his car and fled into the woods, where police later found a bag of heroin. The defendant also ...

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

The defendant’s Confrontation Clause challenge to the trial court’s evidentiary exclusions under Virginia’s rape-shield law were not raised in the proceedings below and, in any event, did not rise above the level of harmless error. Background Appellant Michael Maldini and ...

Tagged with: Constitutional Criminal Evidence Judge Randolph A. Beales Sixth Amendment Virginia Court of Appeals

A county ordinance prohibiting hindrance or obstruction of sheriff’s deputies performing their duties was not overbroad or vague, and it was thus a proper basis for the defendant’s conviction on grounds that he fled and hid from officers. Background Loudoun ...

Tagged with: Constitutional Criminal Judge Teresa M. Chafin Virginia Court of Appeals

The circuit court did not err in holding that a father in prison on his third shoplifting offense could not meet his child’s need for stable housing, language development, and proper nutrition and clothing, even upon release. Background The Charlotte ...

Tagged with: Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

Under Code § 19.2-306, the circuit court had jurisdiction to hear the case against the appellant when it revoked her “indefinite” probation and ordered her to serve 90 days of her previously suspended sentence. Background Appellant Dorothy Cilwa was convicted ...

Tagged with: Civil Procedure Judge Marla Graff Decker Sentencing Virginia Court of Appeals

Although a mother had gotten a job, completed parenting classes, and attended counseling, her housing was not stable enough to provide care for her three young children, two of whom needed therapy. Background Appellant Misty Watkins and Johnathan Watkins are ...

Tagged with: Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals