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Recent Court Decisions


July 28, 2009
Topic: Virginia Legal News

Drug Offenses

Christopher Carl Adkins v. Commonwealth of Virginia-
No error in appellant's conviction of possession with intent to distribute cocaine where evidence was sufficient to support finding that appellant had knowledge of the crack cocaine in the small motel room and exercised dominion and control over it. See attached opinion.

Andrew Jerome Brooks, Jr. v. Commonwealth of Virginia-
No error in trial court's finding that appellant was aware of, had control of, and consciously possessed the fourteen capsules of heroin located in the open ashtray of his vehicle of which he was the sole occupant; appellant's conviction of possession of heroin with intent to distribute affirmed. See attached opinion.

Rufus Dennis Little v. Commonwealth of Virginia-
Trial court did not err in finding evidence was sufficient to support appellant's conviction of possession of cocaine where evidence proved he possessed the cocaine found in his bedroom. See attached opinion.

Search & Seizure/Police Proceedure

Commonwealth of Virginia v. John Allan Clements-
Trial court erred in granting motion to suppress evidence seized pursuant to a search warrant where, even assuming affidavit was insufficient, the evidence was sufficient to establish the requisite basis for applying the good faith exception to the exclusionary rule. See attached opinion.

Commonwealth of Virginia v. Eddie James Edwards-
Trial court's suppression of appellant's statement reversed where, while appellant did unequivocally invoke his right to counsel, appellant later reinitiated communication with the police and properly waived his Miranda rights. See attached opinion.

John Bolero Latel Banks v. Commonwealth of Virginia-
Trial court did not err in denying appellant's motion to suppress where the police possessed leads making the discovery of the evidence inevitable. See attached opinion.

Dwayne Sheldon Rhoades v. Commonwealth of Virginia-
Trial court did not err in refusing appellant's motion to suppress where evidence showed appellant did not submit to officer's show of authority until after appellant committed a traffic offense which gave officer sufficient reasonable suspicion to justify stop of appellant. See attached opinion.

George Leon Phelps, Jr. v. Commonwealth of Virginia-
Trial court did not err in denying appellant's motion to suppress where officer's alleged illegal entry into residence did not contribute to eventual discovery of cocaine or in finding evidence was sufficient to show appellant had constructive possession of cocaine found in residence and that he possessed cocaine with intent to distribute it. See attached opinion.

Trial & Evidence

John Henry Bufford, III v. Commonwealth of Virginia-
Trial court did not err in failing to strike challenged juror for cause, admitting a statement appellant made at magistrate's office ninety minutes after the altercation, denying his proffered instructions on self-defense, illegal arrest, and excessive use of force, or concluding evidence was sufficient to support his conviction of disarming an officer. See attached opinion.

Lawrence Bartleson Palmer v. Commonwealth of Virginia-
Trial court did not err in denying appellant's motions to reconsider where appellant court have, and did, obtain evidence regarding witness' character and reputation prior to trial; no Brady violation where witness' convictions at issue would not have been admissible to impeach her testimony at trial. See attached opinion.

Traffic

Monae Chanta Savage, s/k/a Mona Chanta Savage v. Commonwealth of Virginia-
No error in appellant's conviction of reckless driving where the omission of pacing from the methods for determining speed that are enumerated in Code § 46.2-882 does not in any way invalidate it as an appropriate means of proving speed of a vehicle. See attached opinion.

Fraud/Theft Offneses

Eugene Word v. Commonwealth of Virginia-
Appellant's convictions of thirteen counts of forge public documents affirmed where evidence proves documents signed were public records and appellant had intent to forge when he signed name on documents; one conviction reversed and dismissed where document at issue was not prepared in connection with a legitimate legal proceeding. See attached opinion.

Shaun Neil Marshall v. Commonwealth of Virginia-
Trial court did not err in finding evidence was sufficient to support convictions of statutory burglary and grand larceny where trial court rejected appellant's explanation of how he obtained recent possession of the stolen property. See attached opinion.

Manikas Law LLC | Visit our main website or call us at 703-873-7473 or 888-503-8075 | We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas | Serving Fairfax County, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), Arlington County, Alexandria, and other parts of Northern Virginia.

Attachments:
Adkins.pdf
Banks.pdf
Brooks.pdf
Bufford.pdf
Clements.pdf
Edwards.pdf
Juliano.pdf
Juliano.pdf
Marshall.pdf
Phelps.pdf
Rhoades.pdf
Savage.pdf
Word.pdf


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