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Rape Prince William Virginia Lawyer Malicious Wounding Intention Detention Arrest

Rape Prince William Virginia Lawyer Malicious Wounding Intention Detention Arrest

Yale v. Commonwealth
Facts:

Defendant appealed a decision of the Circuit Court of the Prince William County (Virginia) that convicted him of rape and malicious wounding and sentenced him to 40 years imprisonment.

Rape Prince William Virginia Lawyer Malicious Wounding Intention Detention Arrest

Rape Prince William Virginia Lawyer

Issue:
  • Whether the defendant’s initial detention and arrest were lawful?
Discussions:

The victim was using a phone booth when defendant started to harass her. She called 911, and defendant fled. As she was walking home, she turned around and saw defendant coming at her with a knife. He put his arm around her neck and held the knife to her throat. He then dragged the victim behind a building and forced her to commit oral sodomy and he raped and stabbed her. After his arrest, defendant admitted that he grabbed the victim. He claimed that the sex was consensual. Defendant was convicted. In affirming the conviction, the court found that defendant’s initial detention and arrest were lawful. The officers’ actions were not unreasonable. The trial court properly overruled defendant’s motion to suppress his statements and the victim’s identification. Defendant’s statements were freely and voluntarily given to the officers. The victim’s identification was not tainted by unduly suggestive procedures because she had ample time to observe defendant at the time of the offense, and only seven weeks separated the time of the crime for the preliminary hearing. The victim’s prior knowledge that he had confessed to the crimes did not irreparably taint her identification.

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A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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