Rape Chesterfield Virginia Murder Attempt Charge
Rape Chesterfield Virginia Murder Attempt Charge
Charles v. Commonwealth
Facts:
Defendant was convicted of rape in the first trial court. He was then convicted in the Circuit Court of Chesterfield County (Virginia) (second trial court) of attempted capital murder and rape. The prior rape conviction served in the murder trial as the predicate for the attempted capital murder charge. Defendant appealed, arguing double jeopardy. Defendant raped a woman in the first trial court’s jurisdiction. He transported the victim into the jurisdiction of the second trial court, raped her again, then cut her throat. Defendant objected at the murder trial to the use of the rape conviction as the predicate for the murder charge. Defendant was also convicted in the second trial court of the second rape.
Rape Chesterfield Virginia lawyer
Issue:
- Whether the second trial court had jurisdiction over the murder charge?
Discussion:
The court noted that under the general test for double jeopardy, where the same conduct constituted a violation of multiple statutes, multiple convictions under those statutes were allowed if each statute required proof of a fact the other did not. But that test allowed multiple prosecutions in the same trial. However, the court also found that the aforementioned rules of jeopardy did not apply where no one court had jurisdiction over all the alleged crimes. The first trial court had jurisdiction over the first rape but not the murder charge. The second trial court had jurisdiction over the murder charge but not the first rape. The court affirmed defendant’s convictions for attempted capital murder and rape
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case.
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.
We have client meeting locations in Fairfax County, Loudoun County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
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.
Sodomy Virginia Forcible Licensed Psychiatrist Attorneys Chesterfield County
Sodomy Virginia Forcible Licensed Psychiatrist Attorneys Chesterfield County
Commonwealth of Virginia v. Allan Paul
Facts:
Defendant had two convictions for forcible sodomy. On appeal, the Commonwealth argued that the circuit court erred in qualifying a licensed clinical psychiatrist as an expert because she was not skilled in the treatment of the mental conditions she diagnosed defendant with. The Commonwealth filed a petition requesting that defendant be civilly committed pursuant to the Sexually Violent Predators Act, Va. Code Ann. §§ 37.2-900 through 920. Following a bench trial, the Circuit Court of Chesterfield County (Virginia) entered final judgment holding that defendant was not a sexually violent predator as defined by the Act. The Commonwealth appealed.
Sodomy Virginia Forcible Licensed Psychiatrist Attorneys
Issue:
- Whether the circuit court erred in qualifying a witness to testify as an expert under the Sexually Violent Predators Act?
Discussion:
The Supreme Court finds that Va. Code Ann. § 37.2-907(A) required the psychiatrist to demonstrate skill in both diagnosis and treatment of the stated mental conditions, and that she did not meet the skill in treatment requirement. The Commonwealth also argued that the circuit court erred in concluding that the Commonwealth failed to prove by clear and convincing evidence that defendant was a sexually violent predator as defined by the Act. The Supreme Court agreed, holding that the evidence, as a matter of law, provided clear and convincing proof that defendant was a sexually violent predator as defined by the Act. Among other things, the Commonwealth’s expert testified that defendant estimated he may have abused young boys as many as 100 times and that defendant’s personality disorder might prevent him from seeking treatment for his problems. The judgment of the circuit court was reversed. Judgment was entered for the Commonwealth that defendant was a sexually violent predator as defined by the Act and the case was remanded for further proceedings to determine whether defendant should be fully committed or placed on conditional release.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. 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.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
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.
Rape Virginia Capital Murder Attorneys Chesterfield County
Rape Virginia Capital Murder Attorneys Chesterfield County
ANDRIA v. COMMONWEALTH OF VIRGINIA
Facts:
On September 9, 1988, Andria raped Dominica Harris in his apartment in the City of Richmond. He transported Ms. Harris to a location in Chesterfield County where he raped her a second time. He then struck her several times with a jack, cut her throat, and left her on the side of the road. Her jugular vein was severed, a potentially fatal wound. Andria was convicted in the Circuit Court of the City of Richmond of raping Ms. Harris. He was then convicted in the Circuit Court of Chesterfield County Virginia (second trial court) of attempted capital murder and rape. Defendant appealed, arguing double jeopardy.
Rape Virginia Capital Murder Attorneys
Issue:
Whether the prior conviction for rape bared the attempted capital murder prosecution?
Discussion:
The Court of Appeals en banc affirmed, holding that the prior conviction for rape did not bar the attempted capital murder prosecution since the prior conviction for rape was in another jurisdiction and the court before which he was tried for attempted capital murder did not have jurisdiction over the rape component of the offense. The court noted that under the general test for double jeopardy, where the same conduct constituted a violation of multiple statutes, multiple convictions under those statutes were allowed if each statute required proof of a fact the other did not. But that test allowed multiple prosecutions in the same trial. However the court also found that the aforementioned rules of jeopardy did not apply where no one court had jurisdiction over all the alleged crimes, the indictment charging the Richmond rape could be tried only in the Circuit Court of the City of Richmond. The indictment charging the attempted capital murder in Chesterfield could be tried only in the Circuit Court of Chesterfield County. No court had common jurisdiction over both charges. Thus, the jurisdictional exception applies to this case. Since the Circuit Court of the City of Richmond was without jurisdiction to try the charge of attempted capital murder, Andria was not put in jeopardy with respect to that charge when he was tried for rape in Richmond. Jeopardy with respect to that charge attached, first and solely, upon his trial in Chesterfield.
This court affirmed the Judgment of the trial court.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. 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.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
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.
