27 May 2004

Virginia Court of Appeals 5/18

Custalow v. Virginia - Subject Matter: Ability to ban someone from an Indian reservation.

Just because a statute sets out one means by which a person can be banned does not mean that other means of banning someone from the property are invalid.

Slade v. Virginia - Subject Matter: Probable Cause for a Warrant

When a "reliable informant" (snitch) or an officer sends an "unwitting informant" (sucker) into a building to buy drugs and UI comes out of the building with drugs that is sufficient for probable cause.

Sawyer v. Commonwealth - Subject Matter: Burden of Proof

It is the prosecutor's responsibility to prove all elements of a crime beyond a reasonable doubt. Nevertheless, when the prosecutor enters a driving record to prove a prior conviction in DUI cases and the elements required in order to make that prior conviction a valid prerequisite offense are missing the prosecution does not have to prove the validity of this element. The burden shifts to the Defendant who must prove that this element of the crime is invalid in order to prove his innocence.

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