Court of Appeals of Virginia

Amonett v. Commonwealth (P)

Neither precedent nor the record supports the appellant’s proposition that police officers’ promises of leniency constitute a binding immunity agreement requiring dismissal of his indictment or rendering his incriminating statements involuntary or otherwise subject to suppression. Because the appellant didn’t… Read More ›

Carlson v. Commonwealth (P)

The trial court erred in not suppressing evidence obtained in an unlawful search of the defendant’s residence. Therefore, his convictions for manufacturing marijuana and misdemeanor obstruction of justice must be reversed. The government lacked an independent source for evidence obtained… Read More ›

Arrate v. Commonwealth (U)

The defendant’s conviction for credit-card forgery must be reversed, because the indictment failed to allege the conduct for which he was convicted. The indictment charged the defendant with credit-card forgery by “falsely mak[ing] or falsely emboss[ing] a purported credit card, in… Read More ›

Commonwealth v. Briggs (U)

The circuit court properly concluded that the defendant should have received Miranda warnings before he was questioned by a private prison investigator while incarcerated. The defendant was subjected to substantial restraints on his liberty in addition to those he experienced… Read More ›

Warren v. Commonwealth (P)

Contrary to the defendant’s argument, Code § 18.2-361(A), relating to “carnal knowledge with a brute animal,” is not an unconstitutional prohibition on the private sexual conduct of consenting adults, either facially or as applied to the defendant’s actions. The Supreme… Read More ›