Insights
SCoVA decides important, but somewhat boring, jurisdictional question
In a decision that is of interest to lawyers and probably boring to everyone else, SCoVA held that the filing a notice of appeal does not divest the trial court of its jurisdiction to consider a defendant's post-trial motion to withdraw a guilty plea under Virginia...
Colonel Caughey found dead in his Colorado Springs home
Air Force Colonel Eugene Marcus Caughey--whose argument that the miltary's adultery law discriminates against heterosexuals was discussed briefly here--was found dead in his Colorado home. It appears that he committed suicide. Col Caughey was scheduled to be tried by...
SCoVA Overturns a Manslaughter Conviction Based on Self-Defense
Yesterday the Supreme Court of Virginia overturned a manslaughter conviction in the Case of Hines v. Commonwealth of Virginia. Senior Justice Lacy, writing for the Court, held that the trial court’s conclusion that Mr. Hines had failed to establish a claim of...
Two Kinds of Credit Card Theft in Virginia
In Scott v. Commonwealth, the Supreme Court of Virginia recently clarified that there are two types of credit card theft prohibited by Virginia Code Section 18.2.-192(1)(a). The code reads: (1) A person is guilty of credit card or credit card number theft when: (a) He...
Pipe with Residue Insufficient to Support Possession with Intent to Distribute Charge
The Court of Appeals of Virginia recently reiterated that possession of drug paraphernalia (in this case a pipe) with the residue of drugs on it is insufficient by itself to support a conviction for possession with intent to distribute. The result is unsurprising, but...
Virginia Criminal Process: the Initial Appearance and Arraignment
A criminal charge in Virginia can occur with little advance warning, which means you, as the defendant, are often unprepared and uneducated regarding what is going to happen next. The process can seem as intimidating as the charge. Complicating matters, the process...
There is no “Pokemon Go” Defense to Trespassing in Virginia
The recent release of the game "Pokemon GO" has gotten literally millions of people out of their homes and out into public chasing elusive virtual monsters. The game is played using a smartphone and GPS. It generates "Pokemon" (Japanese for "Pocket Monsters") that can...
SCoVA Addresses Elements of Duress Defense
On July 14, 2016 the Supreme Court of Virginia, in Edmonds v. Commonwealth of Virginia adopted the Court of Appeals's formulation of the duress defense found in Buckley v. City of Falls Church, 371 S.E.2d 827, 827-28 (1988) and reiterated in Humphrey v. Commonwealth, ...
