Court of Appeals of Virginia

Porter v. Commonwealth (U)

In a hearing on revocation of the defendant’s suspended sentence, the trial court did not err in admitting an out-of-court verbal statement to the defendant’s probation officer. The defendant’s probation conditions included having no visitors in his state-provided motel room… Read More ›

Robinson v. Commonwealth (U)

At the defendant’s trial for sexual battery by force, the evidence failed to establish that alleged touching was accomplished by the use of force sufficient to overcome the victim’s will. While it’s undisputed that the defendant sexually abused the victim… Read More ›

Kelley v. Commonwealth (P)

Evidence supports the defendant’s convictions for assault and battery under Code § 18.2-57. The circuit court had the opportunity to evaluate the credibility of the victim’s testimony that the defendant “grabbed [her] face and turned it towards him as [she]… Read More ›

Pittman v. Commonwealth (P)

No fiduciary or other special relationship is required to prove embezzlement. It is sufficient as a matter of law to wrongfully and fraudulently use, dispose of, conceal or embezzle any personal property delivered to the defendant by another person. In… Read More ›

Barney v. Commonwealth (P)

The circuit court improperly instructed the defendant’s criminal jury as to the definition of a firearm, so her convictions for use of a firearm during a felony are reversed. To obtain a conviction for violating Code § 18.2-53.1 the Commonwealth… Read More ›

Jones v. Commonwealth (P)

Under Code § 18.2-248(C), a defendant may receive an enhanced punishment for distributing a Schedule I or II controlled substance upon a “second conviction of such a violation.” A plain reading of the statute indicates that any prior conviction of… Read More ›

Garza v. Garza (U)

The circuit court’s equitable distribution ruling was largely correct, but it erred in awarding the wife both a 50-percent share of the husband’s Thrift Savings Plan and a monetary award from a residence the husband purchased after the separation, which… Read More ›

Brown v. Commonwealth (U)

Evidence was sufficient to support the appellant’s conviction for obtaining money by false pretense. The appellant was not acting as an agent for his acquaintance in receiving money from him. The acquaintance gave the appellant $500 because the appellant was… Read More ›

McGinnis v. McGinnis (P)

The circuit court lacked authority in awarding a divorcing wife a lump sum award of $150,000 in “equitable restitution.” Circuit courts are limited to the authority granted to them by statute. Here, the circuit court acknowledged fashioning a remedy neither… Read More ›

Yoder v. Commonwealth (U)

Evidence was sufficient to affirm the appellant’s conviction for driving after forfeiture of her license, her third such offense within ten years. When asked for her identification during the traffic stop, the appellant provided the deputy with an “ID card.”… Read More ›

Phillips v. Commonwealth (P)

The court dismissed a petition of actual innocence as to the petitioner’s convictions for the malicious wounding, abduction with intent to defile, forcible sodomy, and rape of a 10-year-old in 1990. The victim’s 2017 declaration, stating that she could have… Read More ›

Taylor v. Commonwealth (U)

Sufficient evidence supports the defendant’s conviction for attempted identity theft after she tried to cash a stolen check. The check bore the victim’s name, bank account number, and forged signature. Although the defendant didn’t affirmatively misrepresent her identity to the bank… Read More ›