Virginia Court Decisions
Criminal Law - Traffic, Speeding Tickets, Misc.
071978 Wrongful Death - Perreault v. The Free Lance-Star 09/12/2008
In wrongful death litigations under Code § 8.01-50 in which settlement agreements were achieved through mediation, the circuit court did not err in requiring the settling parties to file written petitions reciting the financial terms of the compromise settlements in order to obtain court approval pursuant to Code § 8.01-55. The presumption of public access to court records mandated by Code § 17.1-208 and the provisions of Code § 8.01-581.22 governing confidentiality of mediation proceedings are considered, and the decision of the circuit court denying a request to partially seal the records in these cases by permitting the redaction of the monetary amounts of the compromise settlements in the court records is reviewed. The judgment is affirmed and the case is remanded for filing of unredacted records.
072247 Criminal Law, Wrongful Assault, Wrongful Conviction - McMorris v. Commonwealth 09/12/2008
The Court of Appeals erred in affirming the defendant's conviction for robbery as a principal in the second degree. The evidence was insufficient to prove that defendant knowingly committed an overt act in furtherance of the robbery, shared in the criminal intent of the principal committing the robbery, or that the robbery was a natural and probable consequence of the wrongful assault in which defendant participated. The Court of Appeals' judgment upholding the conviction of robbery as a principal in the second degree is reversed, the conviction is vacated, and the indictment against this defendant is dismissed
071162 Expungement, Criminal Law, - 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.
071451 Wrongful Death, Personal Injury, Criminal Law, - Ayala v. Aggressive Towing and Transport, Inc. 06/06/2008
In a wrongful death action against a tow truck driver and his employer arising from a vehicular crash, the trial court erred by receiving into evidence the guilty pleas and an order of conviction for involuntary manslaughter of the driver of the car in which the victim was riding at the time of the crash. The judgment is reversed and the case is remanded for a new trial.
1370063 Criminal Law - Jami Dawn Dunn v. Commonwealth of Virginia 09/09/2008
Upon Rehearing En Banc - Evidence was sufficient to support appellant's convictions of possession of methamphetamine with intent to distribute as principal in second degree and possession of marijuana with intent to distribute as principal in second degree; panel opinion withdrawn
1024073 Criminal Law - James Lester Waller v. Commonwealth of Virginia 09/02/2008
Trial court did not err in finding evidence did not establish elements of appellant's necessity defense or in admitting appellant's armed robbery conviction orders into evidence to support enhanced punishment provision of Code § 18.2-308.2(A)
2781041 Criminal Law - Eddie Cross v. Commonwealth of Virginia 09/02/2008
Upon remand from the Supreme Court of Virginia for reconsideration, the trial court did not err by denying appellant's motion to suppress and appellant's conviction of possession of cocaine is affirmed
1069072 Criminal Law - Jerald Vincent Jones v. Commonwealth of Virginia 08/26/2008
Trial court did not err in denying appellant's motion to suppress where officers had a reasonable, articulable suspicion that appellant possessed a concealed weapon at the time of his seizure and that offense rendered him potentially armed and dangerous; search of bag was reasonable given holding that reasonable suspicion existed that appellant was armed and dangerous
1644072 Criminal Law, - Jerry Lemone Blow, Sr. v. Commonwealth of Virginia 08/19/2008
No error in trial court's finding evidence sufficient to show appellant had specific intent to injure trooper - appellant's conviction of unlawful wounding of police officer affirmed; no error in trial court's application of doctrine of transferred intent where appellant completed his intended crime and injured an unintended victim - appellant's conviction of malicious wounding affirmed
1695071 Criminal Law - Linwood Dwayne Bandy v. Commonwealth of Virginia 08/12/2008
Trial court did not err in denying appellant's motion to suppress drugs discovered in his pocket during a pat down as officer's seizure of appellant did not violate the Fourth Amendment and the frisk did not exceed its permissible scope
1904063 Criminal Law - Jesse James Dunaway, s/k/a Jessie James Dunaway, Jr. v. Commonwealth of Virginia 07/15/2008
No error in appellant's conviction and sentence of being a principal, or a principal administrator, organizer or leader of a continuing criminal enterprise engaged, during one-year period, in distribution of at least 5 kilograms of mixture of cocaine base
1797071 Criminal Law - Christopher Ryan Piggott v. Commonwealth of Virginia 09/23/2008
Trial court did not err in concluding evidence was sufficient to find that appellant attempted to kill the officer and supported conviction of attempted capital murder of police officer
1026073 Criminal Law - Jason Ramon Jordn v. Commonwealth of Virginia 09/09/2008
Evidence was sufficient to support jury's finding that appellant was guilty of first-degree murder where it proved that victim died as a result of a criminal act, that appellant committed the act, and that he did so willfully and with premeditation and deliberation
0232073 Criminal Law, Traffic - Justin William Swanson v. Commonwealth of Virginia 08/26/2008
Evidence was sufficient to support jury's holding that, by repeatedly ramming his truck into trooper's cruiser, appellant engaged in conduct proving he intended to maliciously wound trooper; no fatal variance existed between indictment and proof at trial to require dismissal of hit-and-run char
0967073 Criminal Law - Jesse D. Cayton, Jr., s/k/a Jesse Delwin Cayton, Jr. v. Commonwealth of Virginia 08/12/2008
No error in appellant's convictions of the first-degree murder of his wife and use of a firearm in the commission of that murder where evidence was sufficient to conclude appellant acted with malice
0986073 Criminal Law - Calvin Earnest Myers v. Commonwealth of Virginia 08/12/2008
Trial court did not err in admitting evidence from appellant's ex-girlfriend in a victim impact statement and in considering unadjudicated criminal acts against ex-girlfriend in pre-sentence report at sentencing proceeding pursuant to appellant's no contest plea
2595072 Criminal Law - Willie Twyman v. Commissioner, Virginia Department of Social Services 08/12/2008
Summary affirmance - no error in trial court's affirmance of agency determination that appellant sexually abused a child in his care
0220072 Criminal Law - Ernest Baker v. Commonwealth of Virginia 08/05/2008
No error in appellant's conviction of trespassing where evidence proved the property appellant went upon was owned by another person and the property was posted with a "No Trespassing" sign
1657072 Criminal Law - Gahaad Jackson v. Commonwealth of Virginia 08/05/2008
Trial court did not err in denying appellant's motions to suppress evidence obtained from two searches; officer had reasonable articulable suspicion to stop appellant for violation of noise ordinance and officer's motives for approaching appellant were irrelevant
2035062 Criminal Law - Issac Grinell Simmons v. Commonwealth of Virginia 07/29/2008
Trial court did not err in denying appellant's motion to suppress evidence of cocaine found in the car he was driving just prior to his arrest for trespassing or in finding evidence sufficient that appellant unlawfully possessed the cocaine with the intent to distribute
1165071 Criminal Law - Larmont D. Booker v. Commonwealth of Virginia 07/22/2008
Trial court did not err in denying appellant's motion to suppress evidence obtained during lawful stop of vehicle and only a couple of minutes elapsed between the time officer asked appellant to wait behind vehicle and appellant's admittedly lawful arrest
1006082 Personal Injury - Blanche May Roberts v. Paramount King's Dominion/Viacom, Inc. et al. 08/12/2008
Summary affirmance - no error in commission's finding that appellant failed to prove injuries to her feet, ankles, or neck/shoulder as result of compensable injury by accident
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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