Monday, November 9, 2009

Lofgren v. Commonwealth

In this interesting case, the Virginia Court of Appeals reverses the trial court. The facts of this case surround the defendant, who was charged with use of profane, threatening, or indecent language. The defendant called his former girlfriend over the telephone and called her a fucking bitch and cunt.

The defendant used the words as curse words or swear words. Thus, the language did not meet the requirements of obscene language under Section 18.2-372 of the Code of Virginia, as amended.

The charge of violating Section 18.2-427 of the Code of Virginia, as amended, is reversed.

Perry v. Commonwealth

In this case, the Virginia Court of Appeals agreed with the trial court. The Virginia Court of Appeals refused to suppress evidence of a vial marijuana found on defendant after the arresting officer smelled marijuana from the defendant's car.