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Tag Archives: Virginia Court of Appeals

Breath test “unavailable” en route to hospital (access required)

Use of a blood test to determine the defendant’s blood alcohol content without a warrant was justified under Virginia’s implied-consent law when administering a breath test would have delayed the defendant’s medical care. Background Alexandria police officer Reid Hudson pulled ...

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Victim’s disability supported attempted-rape conviction (access required)

Due to evidence demonstrating a woman’s mental incapacity to appreciate the nature and consequences of intercourse, an intimate encounter between her and another patient at a psychiatric facility amounted to attempted rape. Background On March 15, 2015, Appellant James L. ...

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Admission of “Grim Reaper” moniker was harmless (access required)

The court of appeals found that Appellant Montrio Santos Neville’s nickname, “Grim Reaper,” was not harmfully introduced at his trial for murder and heroin distribution because (1) he was not convicted for murder, and (2) sufficient other evidence supported his ...

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Evidence sufficient to support perjury convictions (access required)

The court of appeals upheld two perjury convictions arising from the defendant’s prior testimony explaining why he did not appear in court as required, finding that his acquittal for failure to appear did not preclude perjury charges. On February 6, ...

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