Virginia crimlaw
1 / 19

TOP TWENTY - PowerPoint PPT Presentation

  • Uploaded on

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

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about 'TOP TWENTY' - devin-adkins

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Virginia crimlaw

Virginia CrimLaw


Hb 326 18 2 386 2 unlawful dissemination or sale of images of another

Class 1 Misdemeanor

HB-326 / § 18.2-386.2Unlawful dissemination or sale of images of another

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

Sarafin v commonwealth oct13 vaapp no 1753 12 2

In Tension With:

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.

Snowden v commonwealth oct13 vaapp no 1570 12 1
Snowden v. Commonwealth,OCT13, VaApp No. 1570-12-1

A document is certified by the court where it is preserved, not where it originated

Prieto v warden sussex i sep13 vasc no 122054 juror from another state

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

Henry v commonwealth feb14 vaapp no 0631 13 2

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

  • 18.2-168: Forging a Public Record

  • The Commonwealth is required to prove conduct with respect to the document that alters the genuineness and authenticity of those documents

  • False Identity Information

Linnon v commonwealth jan14 vasc no 130179 objection by co defendant
Linnon v. Commonwealth structural error.,JAN14, VaSC No. 130179Objection by Co-Defendant

“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.”

Grimes v commonwealth oct13 vaapp no 0293 13 1 value of stolen pipes
Grimes v. Commonwealth structural error., OCT13, VaApp No. 0293-13-1Value of Stolen Pipes

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

Carew v commonwealth nov13 vaapp no 0153 13 4 46 2 300 notice of suspension
Carew v. Commonwealth, structural error.NOV13, VaApp No. 0153-13-4§ 46.2-300 – Notice of Suspension

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

Bonner v commonwealth jul13 vaapp en banc no 0565 11 2 18 2 311 1 venue altering serial number
Bonner v. Commonwealth structural error.,JUL13, VaApp en banc No. 0565-11-218.2-311.1 – Venue / Altering Serial Number

Altering the serial number of a firearm is a discrete offense.

Venue is at the place where the alteration was done.

D amico v commonwealth feb14 vasc no 130549 18 2 268 3 refusal breath certificate
D’Amico v. Commonwealth structural error.,FEB14, VaSC No. 13054918.2-268.3 – Refusal / Breath Certificate

The refusal form is not an element of the offense

Failure to properly execute a refusal form is not dispositive of guilt or innocence

Case v commonwealth feb14 vaapp no 2188 12 4 18 2 266 no intent required
Case v. Commonwealth structural error.,FEB14, VaApp No. 2188-12-418.2-266 – No Intent Required

“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.”

Murry v commonwealth jun13 vaapp no 0522 12 2 lifetime 4 th amendment revocation
Murry v. Commonwealth structural error.,JUN13, VaApp No. 0522-12-2Lifetime 4th Amendment Revocation

Pattern of concealed sexual abuse of a minor

Papol v commonwealth mar14 vaapp no 1765 12 1 18 2 374 1 1 multiple possessions child porn
Papol v. Commonwealth structural error.,MAR14, VaApp No. 1765-12-1§ 18.2-374.1:1 – Multiple Possessions Child Porn

Second or Subsequent Violation - NOT CONVICTION

Whether the pictures arrive at the same or different times is not relevant

Saunders v commonwealth feb14 vaapp no 1630 12 2 which precedent binds

The 4 structural 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

8 01 384 a contemporaneous objection
§ 8.01-384(A)- Contemporaneous Objection structural error.

  • Commonwealth v. Amos, FEB14, VaSC No. 130757

    • Held in Contempt / Not Allowed

  • Maxwell v. Commonwealth, FEB14, VaSC No. 130810

    • Gone to Lunch

  • Rowe v. Commonwealth, FEB14, VaSC No. 130881

    • Judge Delay / Motion

Allen v commonwealth jan14 vasc no 130304 corpus delicti rule sex offenses against minors
Allen v. Commonwealth structural error.,JAN14, VaSC No. 130304Corpus Delicti Rule / Sex Offenses Against Minors

“Slight corroboration of the confession is required”

Establishing opportunity does not provide corroboration

Alleyne v us jun13 ussc no 11 9335

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.”

Starrs v commonwealth jan14 vasc no 122028
Starrs v. Commonwealth structural error.,JAN14, VaSC No. 122028

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.