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Criminal Law

Possession of a Firearm by a Felon – Sentencing Level – Common Law Robbery (access required)

U.S. v. Gattis (VLW No. 017-2-207, 22 pp.) (Niemeyer, J.) 16-4663; Dec. 4, 2017; USDC at Raleigh, N.C. 4th Cir. Holding: Although the North Carolina offense of common law robbery does not qualify as a “violent felony” under the force ...

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In Forma Pauperis – Inmate Trust Accounts – “Deposits” (access required)

Grethen v. Robinson (VLW No. 017-6-092, 8pp.) (McCullough, J.) (McClanahan, J., dissenting) Record No.  161417. Holding: Where the plaintiff-inmate has an account into which “deposits” are placed but, under Department of Corrections Operating Procedure, these funds are used to satisfy ...

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Failure to Appear – Motion in Limine – Willfulness – Insufficient Evidence (access required)

Cosby v. Commonwealth (VLW No. 017-7-277, 13pp.) (Clements, J.) Record No. 1982-16-2. Appealed from the Circuit County of the City of Richmond. (Rupe, J.) Holding: Where the testimony of a detective that he saw the appellant-defendant in the courthouse about ...

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Admissibility of Evidence – Department of Motor Vehicles Transcript (access required)

Parker v. Commonwealth (VLW No. 017-7-236-UP, 10pp.) (Huff, C.J.) Record No. 0303-16-1. On appeal from the Circuit Court of the City of Chesapeake (Smith, J.) Holding: Where the appellant-defendant’s Department of Motor Vehicles transcript was provided to a trooper, and ...

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Suppression of Statements – Criminal Negligence – Sufficiency of Evidence (access required)

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

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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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