Tuesday, April 29, 2003

Today's Virginia court of appeals opinions

In a case out of Roanoke, the Court in King v. Commonwealth rejected the defendant's claim that the trial court should not have ordered a mistrial when one of the jurors became too ill to continue and the Commonwealth object to proceeding without 12 jurors.

In Allison v. Commonwealth, another Roanoke case, the Court by Chief Judge Fitzpatrick held that the fact of the defendant's flight tolled the one-year period in which the trial court could reinstate the defendant's suspended sentence.

In Frazier v. Commonwealth, the defendant's conviction was reversed, because the trial court improperly admitted her earlier statements in violation of Va. Code 19.2-270, which says that "In a criminal prosecution, other than for perjury, or in an action on a penal statute, evidence shall not be given against the accused of any statement made by him as a witness upon a legal examination, in a criminal or civil action, unless such statement was made when examined as a witness in his own behalf."

In Londono v. Commonwealth, the Court in an opinion by Judge Clements affirmed the convictions of a defendant accused of transporting heroine into the Commonwealth with intent to distribute, over the defendant's complaint about being prosecuted in federal court for the same conduct and that the state court allowed in evidence that the federal court suppressed.

In the case of Blevins v. Commonwealth, a panel of the Court in an opinion by Judge Elder rejected a Roanoke defendant's claims that the eyewitness identification was improper and that a juror's incorrect statement in voir dire was grounds for a mistrial.

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