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Criminal Law

Evidence – Motions to Quash – Confidentiality (access required)

U.S. v. Pomrenke (VLW No. 017-3-458, 4 pp.) (Sargent, M.J.) 1:17-cr-00023; W.D. Va. Holding:  In this motion to quash subpoenas for production and testimony issued by the United States in connection with a criminal proceeding, the interests of the Judicial ...

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Subject Matter Jurisdiction – Supervised Probation – Waivable Defect (access required)

Silvious v. Commonwealth (VLW No. 017-7-230-UP, 8 pp.) (Decker, J.) Record No. 1518-16-3. Appeal from the Circuit Court of Rockingham County (Wilson, J.) Holding: Where the circuit court may have committed error in the way in which it extended the ...

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Error – Reduced Charge – Ends of Justice Exception to Failure to Preserve Argument (access required)

Jones, S/K/A Jake Robert Jones v. Commonwealth (VLW No. 017-7-231-UP, 9 pp.) (Alston, J.) Record No. 0837-16-3. Appeal from the Circuit Court of Roanoke County (Swanson, J.) Holding: Where the plaintiff-appellant was convicted for misdemeanor interference with the property rights ...

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Informing Jury Panel of Penalty Ranges during Voir Dire – Trial Judge’s Discretion – Jury Nullification (access required)

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

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Violent Felony Definition Enumerated, Not Vague, in this Case (access required)

A Roanoke U.S. District Court grants the United States’ motion to dismiss defendant’s 28 U.S.C. § 2255 motion, contending that her sentence under the Armed Career Criminal Act was invalid post Johnson v. United States. In Johnson, decided in 2015, ...

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Trucker Hits Bicyclist, Changes Critical Fact at Trial (access required)

In this case of involuntary manslaughter resulting from a truck driving over a bicyclist at 10:56 p.m. on a four-lane-highway, the defendant truck driver’s testimony changed over the course of events. The Court of Appeals affirmed appellant’s conviction for involuntary ...

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