Jones v. Commonwealth (U)

The trial court erred in denying the appellant’s motion to suppress evidence following a traffic stop. The initial search of lottery tickets in the appellant’ car door was unlawful; all evidence stemming from that search should have been suppressed. A… Read More ›

Mendez v. Commonwealth (U)

Under Code § 18.2-460(C), the felony obstruction-of-justice statute, a threat that constitutes attempted obstruction must have a direct relationship to an enumerated felony. The General Assembly has determined that threatening certain public officials as they attempt to perform their official duties is… Read More ›

Massey v. Commonwealth (U)

The defendant’s probation officer impermissibly imposed a probation condition that contradicted an express term of probation the circuit court had imposed earlier. In that order, the circuit court expressly allowed the defendant to have contact with children under the supervision… 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 ›

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 ›

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 ›

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 ›

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 ›