Court of Appeals of Virginia

Gregory v. Martin (U)

The circuit court applied the wrong standard in finding that a mother withheld her consent contrary to the child’s best interests and in denying her motion to amend visitation. Mother asked for “some type of visitation” to “reestablish a relationship”… Read More ›

Zinner v. Commonwealth (U)

The court affirmed the appellant’s conviction for DUI, first offense. Assuming without deciding that the trial court erred in allowing expert testimony regarding the appellant’s blood alcohol content based on “retrograde extrapolation,” other evidence supported his conviction. He smelled of… Read More ›

Wright v. Commonwealth (U)

The circuit court was plainly wrong in finding evidence sufficient to support the defendant’s guilt for larceny. Guilt depended on inferences about a videotape’s accuracy and date, because not only was the video not admitted into evidence but neither was… Read More ›

Young v. Commonwealth (U)

The trial court did not abuse its discretion by allowing testimony despite one material witness’s brief conversation with another, after they had been sequestered for the trial. The trial court also reasonably concluded that the appellant made false statements on the… Read More ›

Davidson v. Commonwealth (P)

In a forcible sodomy and aggravated sexual battery trial, the trial court didn’t err in giving jury instructions that combined the alternative theories of force, mental incapacity, or physical helplessness as the means by which the acts were committed against… Read More ›

Collins v. Commonwealth (U)

Police relied in good faith on a warrant authorizing a search of the defendant’s cell phone, which yielded images of a firearm matching the one used in a robbery. The affidavit supporting the warrant may not have established the requisite nexus… Read More ›

Reed v. Commonwealth (P)

Even if Carpenter v. United States, 138 S. Ct. 2206 (2018), suggests that acquisition of five months of the defendant’s cell site location information was ipso facto an unconstitutional search, detectives and the prosecutor had a reasonable, good faith belief that their… Read More ›

Robles v. Commonwealth (U)

Evidence of the defendant’s guilt in the murder of his housemate was so overwhelming that the circuit court’s failure to instruct the jury on self-defense under the “castle doctrine” was, even if in error, harmless. An eyewitness testified that the… Read More ›

Lewis v. Commonwealth (U)

Although the trial court did not specify which missing items formed the basis of the defendant’s conviction of grand larceny, the evidence established that she took items of both jewelry and silver that she didn’t have permission to possess. From… Read More ›

Spratley v. Commonwealth (P)

In an issue of first impression, the court confirmed that the Commonwealth could prove felony destruction of property with evidence of the cost of replacing the property. The defendant had knocked over a grocery-store scale during an argument with a companion…. Read More ›

Weathersby v. Commonwealth (U)

Even though a police officer had a reasonable basis to frisk a man apprehended for shoplifting, he lacked probable cause to remove a glass tube from the appellant’s pocket. Testimony didn’t suggest that it was “immediately apparent” that the glass… Read More ›