Case Conclusion Date:January 4, 2007
Practice Area:Criminal Defense
Description:defendant's convictions and sentences were upheld on appeal, he filed various petitions requesting relief that were declared to be without merit. Almost five years after the convictions and sentences were entered, defendant filed his notice to vacate. Defendant challenged the court's jurisdiction over him. The court found that because the parental notice requirement articulated in Baker was procedural, defendant's Baker claim was waived because it was not raised previously in a timely objection under Va. Code Ann. Â§ 16.1-272.1. Although defendant might have been under age 18 at the time of his first trial, the certification of defendant as an adult divested the Juvenile and Domestic Relations Court of jurisdiction. Defendant failed to raise any Fourth Amendment challenge prior to his motion to vacate that would render his current conviction or sentence void.