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Author Archives: Deborah Elkins

Criminal – Sentencing Guidelines – PSR – Prior Convictions (access required)

The 4th Circuit affirms defendant’s convictions on multiple drug offenses and his 360-month sentence in excess of his properly calculated advisory guidelines sentencing range. Defendant first challenges evidence from John Redmon, a convicted felon who was a key prosecution witness. ...

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Criminal – Misjoinder – Carjacking – Felon In Possession (access required)

Trying defendant’s firearm possession charge with charges arising from a carjacking several weeks earlier was an improper joinder under Fed. R. Crim. P. 8; it was prejudicial to defendant, as the evidence on the firearm charge was overwhelming, but the ...

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Search & Seizure – Traffic Stop – Protective Search – Felon In Possession  (access required)

When police responded to a report of a “man with a gun” and an informant at the motel identified defendant leaving in his white Cadillac as the man with the gun, an officer didn’t violate the Fourth Amendment he promptly ...

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Tort -Emotional Distress – Police Investigation (access required)

A former Henrico County police investigator, terminated after conflicts with the Henrico Commonwealth’s Attorney and Henrico police officials over the investigator’s role in a criminal investigation allegedly involving several high-level Richmond government officials, can sue the commonwealth’s attorney and defendant ...

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Domestic Relations – Marriage Affirmance Petition – No Marriage License (access required)

A Fairfax Circuit Court dismisses this couple’s petition to affirm their 2006 marriage, which occurred in a religious ceremony at Medhanialem Church in Virginia, because the couple never obtained a Virginia marriage license. For a marriage to be valid in ...

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Municipal – Virginia FOIA – ‘Personnel Files’ (access required)

A Radford Circuit Court orders the city of Radford to produce to the Roanoke Times additional information from a city employee’s FOIA requests, which the city has maintained can be redacted under the statutory exemption for “personnel records.” The Roanoke ...

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Criminal – IFP Application – Halfway House Placement – Counsel Request (access required)

A Virginia inmate eligible for discretionary parole in September 2010, who seeks “halfway house” placement and has assets of only $1.01, is granted in forma pauperis status but denied appointment of counsel by a Fairfax Circuit Court. The constitutional requirement ...

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