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Home / 2007 / July (page 19)

Monthly Archives: July 2007

Civil Procedure – Amount In Controversy – Arbitration Award (access required)

A federal district court had subject matter jurisdiction to reopen a contract action filed by Choice Hotels, stayed in favor of arbitration, in order to confirm the arbitration award because the court determines the amount in controversy not by the ...

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Nonsuit amendment has trap for unwary (access required)

The Virginia nonsuit statute contains a “sleeper” change that may catch a lot of lawyers and litigants unaware. As of July 1, when you move for a nonsuit, you must “inform” the court that the case hasn’t been nonsuited before. ...

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Criminal – Wire Fraud – Phony Computer Leases (access required)

The 4th Circuit affirms wire fraud convictions and sentences under 18 U.S.C. Sect. 1343 arising from defendants’ involvement in a scheme that arranged equipment financing for nonexistent equipment. Ernest Reinhardt’s company, Tech Com, acting as a purported equipment vendor, would ...

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Criminal – Certificate Of Analysis – Crack Pipes (access required)

A trial court did not err in admitting a certificate of analysis showing cocaine residue in two pipes found near a car where a “larceny in progress” had been reported. The pipes were relevant, as they were necessary to corroborate ...

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Criminal – Cocaine Distribution – Guilty Plea – Sentencing Judge (access required)

A defendant’s sentence on a plea of guilty to cocaine distribution is affirmed, despite defendant’s claim that he was entitled to be sentenced by the same judge who heard and accepted his guilty pleas. Defendant objected to the imposition of ...

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Criminal – Cocaine In Car – Knowledge Of Presence (access required)

Although there was some controversy over whether cocaine discovered near defendant driver during a traffic stop belonged to him or to the owner of the car, who had loaned it to defendant, there was sufficient evidence to convict defendant of ...

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Criminal – Cocaine Possession – Intent To Distribute (access required)

A defendant found with three rocks of cocaine but no smoking device can be convicted of possession with intent to distribute. Although alone the weight of the drugs and the amount of money found on defendant, $85, were not necessarily ...

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Criminal – Ineffective Assistance Of Counsel – Conflict Of Interest (access required)

Although defendant contends his trial counsel had an actual conflict of interest, alleging that his counsel served his own pecuniary interest when he failed to withdraw from the representation, losing his fee, in order to serve as an impeachment witness ...

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Criminal – Juror Bias – Rape & Abduction (access required)

At defendant’s trial for rape and abduction, the trial court did not err in refusing to award a new trial after a 52-year-old female juror belatedly disclosed an alleged incident of forced sexual contact with an old boyfriend when she ...

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Criminal – Marijuana – Intent To Distribute – Packaging Expert (access required)

At defendant’s marijuana trial, the judge did not err in qualifying a deputy as an expert in the packaging and distribution of illegal substances. Clearly, the deputy had experience with narcotics distribution. He had attended a three-day, advanced narcotics interdiction ...

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