Virginia Lawyers Weekly

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Conviction for gun use while committing felony reversed | Virginia Lawyers Weekly

Where appellant was convicted for using a firearm in the commission of a felony, the conviction is reversed. His conviction of unlawful wounding is not a predicate offense for the firearm offense. The evidence, however, supports his unlawful wounding conviction. Statement of the case “Though narrow, the ‘ends of justice’ exception to the contemporaneous objection ...

Virginia Lawyers Weekly

| 1m 5d ago
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023-7-143 – Holman v. Commonwealth | Virginia Lawyers Weekly

Holman v. Commonwealth. Record No. 0629-221-2, April 18, 2023. CAV (published opinion) (Ortiz). From the Circuit Court of King William County (Bondurant). Charles E. Haden for appellant. Stephen J. Sovinsky, Jason S. Miyares for appellee. VLW 023-7-143, 14 pp. Full-Text Opinion VLW 023-7-143 Virginia Lawyers Weekly Conviction for gun use while committing felony reversed

Virginia Lawyers Weekly

| 1m 5d ago
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023-7-142 – Fary v. Commonwealth | Virginia Lawyers Weekly

Fary v. Commonwealth. Record No. 1079-21-2, April 18, 2023. CAV (published opinion) (Humphreys; Ortiz concurring; Causey, dissenting, joined by Friedman, Chaney, Raphael, Lorish and Callins, JJ). Upon a Rehearing En Banc. From the Circuit Court of King William County (Hoover). Devin G. Hensley for appellant. Timothy J. Huffstutter, Jason S. Miyares for appellee. VLW 023-7-142, ...

Virginia Lawyers Weekly

| 1m 5d ago
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Attempted malicious wounding convictions upheld | Virginia Lawyers Weekly

Where appellant was convicted of seven counts of attempted malicious wounding after he rammed another watercraft with his boat, there was sufficient evidence that he specifically intended to maliciously wound the other boat’s occupants. Two cases dealing with defendants’ alleged reasonable hypotheses of innocence are overruled “to the extent that they might be read as ...

Virginia Lawyers Weekly

| 1m 5d ago
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Tortious interference with parent rights case dismissed | Virginia Lawyers Weekly

Where appellant alleged that appellees tortiously interfered with his parental rights involving the parties’ minor child, the trial court correctly sustained appellees’ demurrer. Background Appellant Qiu and his wife married in 1995. When they separated, their daughter, M.Q., was eight years old. In 2016, while the divorce and custody matters were pending, the father filed ...

Virginia Lawyers Weekly

| 1m 5d ago
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023-7-141 – Qiu v. Huang, et al. | Virginia Lawyers Weekly

Qiu v. Huang, et al., Record No. 0459-22-4, April 18, 2023. CAV (published opinion) (Decker). From the Circuit Court of Fairfax County (Devine, final order; Gardiner, stay order; Oblon, orders sustaining demurrer and dismissal) Jacqueline A. Kramer for appellant. Bernard J. DiMuro; James R. Hart; Max F. Maccoby Jonathan R. Mook; Robert F. Horan, III; ...

Virginia Lawyers Weekly

| 1m 6d ago
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Evidence shows gun was pointed at victim or car | Virginia Lawyers Weekly

Where appellant was convicted of maliciously firing a gun at an occupied vehicle and attempted aggravated malicious wounding, there was sufficient evidence that she pointed the gun at the victim and her car. Discussion “Edmonds testified that the appellant pointed a gun at her while she was in her car. She testified that when she ...

Virginia Lawyers Weekly

| 1m 6d ago
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First-degree murder conviction upheld | Virginia Lawyers Weekly

Where appellant was convicted of first-degree murder, the trial court correctly denied his motion to suppress based on a Miranda violation. Background Appellant Martin was convicted in Tennessee of kidnapping his wife. Martin entered the marital home and “showed his wife a photograph on his cell phone of Pierce [his who appeared to be dead ...

Virginia Lawyers Weekly

| 1m 6d ago
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Claims arising from police shooting dismissed | Virginia Lawyers Weekly

Where police shot and injured appellants after they left the scene of a traffic stop, the trial court correctly dismissed appellant’s claims of gross negligence, willful, wanton, and reckless negligence, battery, and that a police chief was liable for grossly negligent supervision of the police operation carried out by his officers. Background Best and Lary ...

Virginia Lawyers Weekly

| 1m 6d ago
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023-7-147 – Fulton v. Commonwealth | Virginia Lawyers Weekly

Fulton v. Commonwealth, Record No. 0483-22-2, April 18, 2023. CAV (unpublished opinion) (Decker). From the Circuit Court of the City of Colonial Heights (Brice). Paul C. Galanides for appellant. Lucille M. Wall, Jason S. Miyares for appellee. VLW 023-7-147, 10 pp. Full-Text Opinion VLW 023-7-147 Virginia Lawyers Weekly Evidence shows gun was pointed at victim ...

Virginia Lawyers Weekly

| 1m 6d ago