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Perry v. Commonwealth of Virginia - Double Jeopardy Affirmed

The Virginia Court of Appeals affirmed Perry's convictions for three counts of indecent liberties with a child and one count of aggravated sexual battery, rejecting his double jeopardy claim. The court held each indecent liberty act was a discrete unit of prosecution under Virginia Code § 18.2-370(A). Perry also challenged the trial court's recall of the victim and sufficiency of evidence for aggravated sexual battery—both claims were rejected.

Cindy Kieffer Stone v. Commonwealth of Virginia - Arson Conviction Affirmed

The Virginia Court of Appeals affirmed a trial court judgment convicting Cindy Kieffer Stone of arson of an occupied dwelling in violation of Code § 18.2-77. The court rejected Stone's challenge to the denial of her motion to suppress statements made to police after she requested counsel, finding any error harmless beyond a reasonable doubt. The court also upheld the sufficiency of the evidence supporting the conviction.

Rasheed Azali Mells v. Commonwealth of Virginia - Appeal Affirmed

The Virginia Court of Appeals affirmed the Circuit Court of Fluvanna County's denial of a motion to suppress evidence obtained during a vehicle search. The appellate court held that the vehicle was located within the curtilage of the dwelling and the search warrant expressly authorized the search of any vehicles on the property. The court also upheld the denial of suppression of statements, finding no coercion and that a subsequent confession regarding drugs and firearms was made after proper Miranda warnings.

Lionel Williams Jr v. Commonwealth of Virginia - Firearm Drug Conviction Affirmed

The Virginia Court of Appeals affirmed Lionel Williams Jr.'s convictions for possessing a firearm while distributing a controlled substance and possessing a firearm as a convicted violent felon. The court found the evidence sufficient to establish constructive possession of the firearm found under the driver's seat, based on witness testimony, proximity to the firearm, and Williams's behavior following the traffic stop.

Billy Fernandes Ray v. Commonwealth of Virginia - DUI Conviction Reversed

The Court of Appeals of Virginia reversed Billy Fernandes Ray's DUI conviction, holding that the evidence was insufficient to prove he actively operated his vehicle while intoxicated. The court found Ray was asleep in a legally parked car with the engine off, no witnesses observed him driving, and there was no evidence of when he had driven. The court affirmed a separate conviction for driving after revocation.

Butler v. Commonwealth - VA Court Upholds Robbery, Firearm Convictions

The Court of Appeals of Virginia affirmed a York County conviction for robbery by use of firearm, possession of firearm by non-violent felon, aggravated malicious wounding, and two counts of use of firearm. The court applied the totality-of-evidence standard, finding DNA evidence and a weapon recovered from the appellant's vehicle sufficient to support the convictions. The court remanded solely to correct a clerical error in the sentencing order.

Commonwealth of Virginia v. John Antonio Fennell - Speedy Trial

The Court of Appeals of Virginia affirmed the Henry County Circuit Court's dismissal of five felony indictments against John Antonio Fennell, finding the trial court did not err in dismissing the charges as the statutory speedy trial deadline under Va. Code § 19.2-243 had passed. The court rejected the Commonwealth's argument that the period Fennell sought counsel tolled his speedy trial rights, and found the approbate-reprobate doctrine inapplicable where no previous affirmative inconsistent representation was made.