US Courts

Virginia Court of Appeals upholds denial of guilty plea withdrawal

The Virginia Court of Appeals affirmed a trial court's decision to deny a motion to withdraw guilty pleas. The court found that the guilty pleas were entered voluntarily and without material mistake of fact, and that the appellant failed to present a reasonable defense. The appellant was convicted of multiple counts of aggravated sexual battery and taking indecent liberties with a minor.

James Lee Woltz, Jr. v. Commonwealth of Virginia - Suspended Sentence Violation

The Virginia Court of Appeals affirmed a trial court's decision finding James Lee Woltz, Jr. in violation of his suspended sentence terms, specifically for failing to complete a polygraph examination. The court also ruled that challenges to the constitutionality of the polygraph requirement were waived.

Karen Taylor Kusterer v. Commonwealth of Virginia - Appeal Rights Waiver

The Virginia Court of Appeals upheld the dismissal of an appeal, ruling that a defendant knowingly and voluntarily waived her right to appeal under a deferred disposition agreement. The court found that statutory appeal rights can be waived if done intelligently, and the plea agreement explicitly reflected this waiver.

Womack v. Commonwealth of Virginia - Affirmation of Judgment

The Virginia Court of Appeals affirmed a trial court's judgment against Joseph Tyrone Womack. The court found no error in denying a motion to suppress evidence related to a drug distribution enterprise and affirmed the conviction for drug possession with intent to distribute. The court also ruled that claims regarding the admission of search warrants during sentencing and evidence sufficiency were waived.

Sean Marquise Hughes v. Commonwealth of Virginia - Drive-by Shooting Conviction Upheld

The Virginia Court of Appeals upheld a conviction for a drive-by shooting, affirming that circumstantial evidence was sufficient to identify the appellant as a participant. The court also ruled that a firearm equipped with an aftermarket selector switch designed to enable automatic fire qualifies as a machine gun under state law, even if temporarily inoperable.

Court Upholds Dismissal of Estate Elective Share Complaint

The Virginia Court of Appeals upheld the dismissal of a complaint seeking an elective share of an estate. The court found that the appellant failed to sufficiently plead the validity of his signature on a premarital agreement and waiver, or that the agreements were procured involuntarily or were unconscionable.

Inova Alexandria Hospital v. Courtney Santora - Workers' Compensation

The Virginia Court of Appeals affirmed a Workers' Compensation Commission award to a nurse for PTSD and major depressive disorder. The court found these conditions to be compensable ordinary diseases of life arising from her employment caring for COVID-19 patients.

Neal v. Commonwealth of Virginia - Admissibility of Murder Evidence

The Virginia Court of Appeals allowed evidence of a murder defendant's involvement in another murder to be used to prove identity and a common plan. The court found that the probative value of this evidence outweighed its prejudicial effect.

Person v. Commonwealth of Virginia - Right-to-Arm Instruction

The Virginia Court of Appeals reversed a conviction, finding the trial court erred by refusing a "right-to-arm" jury instruction. The appellate court determined the instruction was a proper statement of law supported by evidence and that its refusal was not harmless error. The case is remanded for a new trial.

State of New Jersey v. Michael Cawley - Post-Conviction Relief Denial Affirmation

The New Jersey Superior Court Appellate Division affirmed the denial of Michael Cawley's second petition for post-conviction relief. The decision pertains to his 2012 conviction and sentence for theft, kidnapping, and sexual assault.