Published

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 ›

Fleischer v. Commonwealth (P)

After the defendant’s conviction for felony unauthorized use of a motor vehicle, the circuit court didn’t abuse its discretion in ordering her to pay restitution in the amount necessary to replace the involved vehicles’ locks and cylinders, and to reprogram… 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 ›

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 ›

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 ›