Virginia CrimLaw. TOP TWENTY. Class 1 Misdemeanor. HB-326 / § 18.2-386.2 Unlawful dissemination or sale of images of another. intent to coerce, harass, or intimidate maliciously disseminates or sells created by any means whatsoever
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intent to coerce, harass, or intimidate
maliciously disseminates or sells
created by any means whatsoever
knows or has reason to know that he is not licensed or authorized
Enriquez v. Commonwealth,
283 Va 511 (2012)
We establish the rule that when an intoxicated person is seated behind the steering wheel of a motor vehicle on a public highway and the key is in the ignition switch, he is in actual physical control of the vehicle and, therefore, is guilty of operating the vehicle while under the influence of alcohol within the meaning of Code § 18.2-266.Sarafin v. Commonwealth, OCT13, VaApp No. 1753-12-2
Contrary to appellant's assertions, the Supreme Court did not add the requirement that a vehicle be on a public roadway to the elements of the offense in Code § 18.2-266 in Enriquez. Rather, the references to being "on a public roadway" and Code § 46.2-100 were merely dictum as the issue in Enriquez was "the proper considerations in determining whether a person is operating a motor vehicle.
A document is certified by the court where it is preserved, not where it originated
The seating of a juror not residing in Virginia is not a structural error.
Once an out of state juror is sworn, a claim of disqualification can only be brought with leave of the court after showing disability such as to probably cause injustice in a criminal case to the Commonwealth or to the accused.Prieto v. Warden Sussex I,SEP13, VaSC No. 122054Juror From Another State
"He shall enjoy the right to a speedy and public trial, by an impartial jury of his vicinage"
Va. Const Art I Sec. 8
19.2-161: Perjury Applying for Court Appointed Attorney structural error.
19.2-159(B)(2) "Real estate owned by the accused shall be considered in terms of the amounts which could be raised by a loan on the property
Personal Property "convertible into cash within a reasonable period of time"Henry v. Commonwealth,FEB14, VaApp No. 0631-13-2
“Although we have never before considered whether an objection raised by one party may be attributed to another party who does not expressly join it . . . We adopt the general . . . and hold that one party may not rely on the objection of another party to preserve an argument for appeal without expressly joining in the objection.”
Replacement value of copper pipes cut out of a house does not establish actual or fair market value of the pipe
Does not tell us how to determine the value
When the predicate for invalidity under Code § 46.2-300 is a suspended license, the Commonwealth must prove the defendant received notice of the suspension
Altering the serial number of a firearm is a discrete offense.
Venue is at the place where the alteration was done.
The refusal form is not an element of the offense
Failure to properly execute a refusal form is not dispositive of guilt or innocence
“As long as the Commonwealth proves beyond a reasonable doubt that an intoxicated individual 'operated' his vehicle, regardless of intent, he is guilty of driving while under the influence.”
Pattern of concealed sexual abuse of a minor
Second or Subsequent Violation - NOT CONVICTION
Whether the pictures arrive at the same or different times is not relevant
The 4 structural error.th Circuit opinion is not binding while the Virginia Supreme Court opinion is.
Therefore, the statute is constitutional, particularly as it applies to minors and adults.Saunders v. Commonwealth,FEB14, VaApp No. 1630-12-2Which Precedent Binds
McDonald v. Moose, 710 F.3d 154 (4th Cir. 2013).
§ 18.2-361(A) – Anti-Sodomy Law Unconstitutional
“Slight corroboration of the confession is required”
Establishing opportunity does not provide corroboration
Overrules structural error.
Harris v. United States, 536 U. S. 545 (2002)Alleyne v. US,JUN13, USSC No. 11–9335
“The core crime and the fact triggering the mandatory minimum sentence together constitute a new, aggravated crime, each element of which must be submitted to the jury.”
The circuit court, upon accepting and entering a guilty plea in a written order, still retains the inherent authority to withhold a finding of guilt, to defer the disposition, and to consider an outcome other than a felony conviction.