Acquittal

In re: Scott (P)

The petitioner’s requested writ of actual innocence should be issued, based on the totality of the evidence. The petitioner was convicted of three offenses relating to a 1975 rape. Trial established that the victim was attacked by a single perpetrator…. Read More ›

Dennis v. Commonwealth (P)

The court of appeals abused its discretion to determine whether the facts presented in an actual-innocence petition required further development. The petitioner offered several previously unknown and untested witness affidavits in support of his petition for a writ of actual innocence… 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 ›

In re Phillips (P)

No writ of actual innocence should issue in this case. This court’s authority to grant such a writ based on biological evidence is limited and does not lie where test results were not performed or certified by the Virginia Department… 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 ›

United States v. Young (U)

One of the defendant’s three drug-related convictions – each related to possession of a firearm – must be vacated because the warrantless vehicle search wasn’t justified by the inventory-search exception. Whether through introduction of written police department rules and regulations… 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 ›

Jones v. Commonwealth (U)

Evidence was insufficient to sustain the defendant’s conviction for use of a firearm and for attempted robbery. Police saw the defendant put on a hooded sweatshirt and follow another man into an alley, but there was no evidence that the… Read More ›

Darley v. Commonwealth (U)

A repairman’s conviction for petit larceny of valuables from the house he was servicing wasn’t supported by sufficient evidence to exclude a reasonable hypothesis of innocence. The defendant was performing repairs (with permission) when no one else was at home,… Read More ›

United States v. Millender

Evidence was sufficient to convict a defendant for offenses related to wire fraud and money laundering, but the defendant’s wife’s convictions weren’t supported. The couple founded and led an Alexandria church, which the husband began to fund via soliciting funds… Read More ›