Virginia Court Decisions
Criminal Law - Traffic, Speeding Tickets, Misc.
3136062 Criminal Law, Petit Larceny - Carla Thornley v. Commonwealth of Virginia 06/10/2008
Trial court did not err in finding evidence was sufficient to convict appellant of third offense petit larceny where the record clearly shows the trial court did not consider inadmissible evidence of appellant's prior drug distribution conviction but based its decision on the credibility of the witnesses
071162 Criminal Law, Expungement of record - Commonwealth v. Dotson 06/06/2008
A motion for expungement of police and court records relating to a marijuana possession charge that was dismissed pursuant to the applicable first offender statute, Code § 18.2-251, was erroneously granted because - in accepting the defendant's plea of nolo contendere, placing her on first offender status, and imposing certain obligations upon her - the trial court was required to find evidence sufficient for a finding of guilt in order to defer the proceedings pursuant to the statute. Thus, the charge against her was not "otherwise dismissed" within the meaning of the expungement statute, and she was not entitled to have the charge expunged from her record. The judgment is reversed and final judgment is entered for the Commonwealth.
0894072 Criminal Law; Petit Larceny; Possession of Burglary Tools - Shakil Edwards v. Commonwealth of Virginia 05/27/2008
Trial court erred in finding purse appellant possessed at time she committed petit larceny constituted a tool, implement or outfit as defined by Code § 18.2-94; appellant's conviction of possession of burglarious tools reversed and indictment dismissed
2566062 Criminal Law, Obstruction of Justice - Timmy Elijah Roach, s/k/a Timothy Elijah Roach v. Commonwealth of Virginia 05/06/2008
Trial court did not err in finding prosecution of appellant for felony obstruction of justice, based on a separate act from his conviction of misdemeanor obstruction in district court, did not violate Code § 19.2-294 or double jeopardy; trial court erred in finding evidence supported felony conviction - matter remanded for resentencing on misdemeanor obstruction
2986064 Criminal law; Assault on a Police Officer - Stacey Lynn Wright v. Commonwealth of Virginia 04/22/2008
Trial court erred in overruling appellant's timely objection that the unlawful nolle prosequi of the same offense in an earlier district court proceeding deprived her of her statutory right to a preliminary hearing; conviction is reversed and indictment is dismissed without prejudice
0553071 Evidence; Criminal Law - Umah Joaquing Owens v. Commonwealth of Virginia 04/08/2008
Trial court did not err in admitting into evidence the protective order taken out by victim against appellant and the testimony of victim's coworkers; evidence sufficient to support appellant's convictions of first-degree murder and use of a firearm in the commission of murder
1147074 Gregory Leon Hammer v. Commonwealth of Virginia - Traffic violation, Habitual Offender, Criminal Law - 03/18/2008
Trial court did not err in finding that appellant had actual notice of his habitual offender adjudication when he operated the vehicle in this case; two issues barred by Rules 5A:18 and 5A:20(c)
2395064 Cheryl Ann Schoonmaker Brown v. Commonwealth of Virginia - Child Abuse, Neglect - 02/26/2008
Trial court erred in convicting appellant of misdemeanor child abuse and neglect in violation of Code § 18.2-371 since it is not a lesser-included offense of Code § 18.2-371.1, the statute under which appellant was charged; conviction dismissed
0437074 Randy Brower v. Commonwealth of Virginia - Criminal Law, Drunk in Public - 02/19/2008
As appellant's initial arrest of drunk in public was supported by probable cause, he had no right to resist the arrest; conviction of assault and battery of a police officer affirmed
0234072 Traffic Stop/Violation - Commonwealth v. Ronald Lewis Scott Snyder 08/14/2007
Trial court did not err in granting appellee's motion to suppress evidence as the officer did not have reasonable suspicion to effect the traffic stop of appellee's vehicle
0367071 Commonwealth v. Earl Nathaniel Combs, Jr. 08/14/2007
Trial court did not err in granting appellee's motion to suppress evidence as the officer exceeded the scope of appellee's consent
1635054 Elsie Lorraine Lilly v. Commonwealth of Virginia 07/31/2007
Partial repeal of the habitual offender statute in 1999 did not render enforcement of the unrepealed portion unconstitutional; trial court did not err in precluding appellant from informing jury, prior to sentencing, about mandatory minimum punishment
0585064 Traffic Stop - Christopher Nathaniel Archie v. Commonwealth 07/31/2007
Trial court did not err in its denial of motion to suppress statements appellant made to police and physical evidence seized as a result of those statements where officers used reasonable methods to protect themselves during stop
0749054 Traffic Arrest - Mona Elisabeth Gupta v. Commonwealth 07/10/2007
Trial judge did not err by not granting appellant a continuance and in limiting her re-cross examination of the arresting officer; appellant's argument that her constitutional and statutory rights were violated is barred by Rule 5A:18; issue of whether the trial judge erred by admitting the certificate of analysis into evidence is barred by Rule 5A:18; appellant's conviction is affirmed
0645061 Driving Without a License - William Douglas Meierotto v. Commonwealth 06/12/2007
Appellant’s conviction for driving without a Virginia operator’s license is reversed and the charge is dismissed as a holder of a valid, out-of-state commercial driver’s license, who resides in the Commonwealth but maintains a domicile in the state that issued his CDL, is entitled to drive non-commercial vehicles in the Commonwealth without obtaining a Virginia operator’s license
1120062 Reckless Driving - Bobby Jasper, s/k/a Bobby Jaspar v. Commonwealth 05/22/2007
This Court holds the admission of appellant’s DMV transcript did not violate the Confrontation Clause; appellant’s conviction of reckless driving while his license was revoked after having twice been convicted of driving under the influence is affirmed
0110063 Traffic Stop - Tyrone Junior McCain v. Commonwealth 05/08/2007
Trial judge did not err in denying the motion to suppress as the officers were justified in detaining appellant during the lawful traffic stop and had reasonable suspicion to believe he was armed and dangerous; appellant’s convictions are affirmed
1342054 Speeding Ticket - Thomas K. Plofchan, Jr. v. Commonwealth 05/08/2007
Trial court did not err in denying appellant’s motion to strike; appellant’s conviction of speeding in violation of Code Section 46.2-870 is affirmed
0903064 Edward Yap v. Commonwealth 04/24/2007
This Court finds that the trial court did not err in not remanding this case to the district court for resolution and that the trial court did not interpret Code Sections 18.2-266 and 18.2-269 as rebuttable presumptions; appellant’s conviction is affirmed
2158053 Reckless Endangerment Charges - Shirley Ann Flowers v. Commonwealth 01/16/2007
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of reckless endangerment as appellant’s willful act of failing to secure prompt medical attention for juveniles in her charge satisfies the requirement of a “willful act” in “reckless disregard for human life,” as required by Code Section 18.2-371.1(B)(1); appellant’s conviction is affirmed
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