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Monthly Archives: May 2007

Criminal – Habeas Corpus – COA – Competency (access required)

Addressing the issue raised by the district court’s grant of a certificate of appealability, the 4th Circuit holds that this habeas petitioner who has been sentenced to life in prison on second-degree murder and habitual violent offender charges has not ...

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Criminal – Sentencing – Tax Fraud – Continuance – Right To Counsel (access required)

Two defendants charged with tax fraud who stated 1) they attempted to obtain counsel by mailing questionnaires to attorneys or seeking to have an apparently unlicensed friend as counsel, 2) threatened to sue any appointed attorney for ineffective assistance if ...

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Immigration – Fiancé Visa – Adjustment Status (access required)

A petitioner who entered the U.S. from Macedonia on a K-1 fianc? visa and subsequently married his fianc?, but who divorced without obtaining permanent resident status, is not eligible for an adjustment of his status to obtain an I-140 immigrant ...

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Criminal – Disorderly Conduct – Judge Testimony (access required)

The Court of Appeals affirms the disorderly conduct conviction of a man who confronted a deputy clerk at a general district court clerk’s office about obtaining a form to sue the city in response to a summons he received for ...

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Criminal – Domestic A&B – Misdemeanor (access required)

The Court of Appeals reverses defendant’s conviction for domestic assault and battery, third or subsequent offense, in violation of Va. Code Sect. 18.2-57.2(B), because the commonwealth did not prove two or more prior convictions occurring on different days. The commonwealth ...

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Criminal – Drug Possession – Paraphernalia In Vehicle (access required)

Although defendant claims the commonwealth failed to prove that she knowingly and intentionally exercised dominion and control over the items containing cocaine and marijuana residue found in her car, and contends she would not have consented to a police search ...

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Criminal – Forgery – Uttering – Driving After HO Order (access required)

A driver who forged another person’s name on three traffic summonses issued by police, and who was driving after having been declared a habitual offender, is convicted of three counts of forging a public document, three counts of uttering a ...

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Criminal – Right To Counsel – Pro Se Representation (access required)

A defendant’s cocaine distribution conviction is reversed because the trial court, in denying defendant’s request to defend himself pro se, applied the wrong standard by finding defendant competent to stand trial, but not competent to represent himself. The trial court ...

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