Quantcast
Home / Opinion Digests / Criminal Law (page 137)

Criminal Law

‘Prior Conviction’ Ruling Not Retroactive (access required)

The 4th Circuit denies post-conviction relief for a defendant’s 240-month sentence for conspiracy to distribute cocaine, enhanced due to defendant’s prior North Carolina drug conviction; the rule defendant advances from a 2010 U.S. Supreme Court case is not retroactively applicable ...

Read More »

‘Cold Hit’ DNA Search Upheld for Good Faith (access required)

Police did not violate defendant’s rights when they collected his bloodstained clothing from a hospital four years earlier during investigation of defendant as a gunshot victim and his arrest on marijuana charges, but subsequent testing of the bloodstain for defendant’s ...

Read More »

Appeal Dismissed for Rule 5A:12 Failure (access required)

In defendant’s petition for appeal featuring a single assignment of error – that a police officer’s observations did not provide probable cause to suspect a wallet seized from the vehicle’s trunk was evidence or fruits of a crime – defendant ...

Read More »

Post-Conviction Ineffective Assistance Claims Fail (access required)

A Newport News U.S. District Court denies petitioner’s 28 U.S.C. § 2255 motion alleging ineffective assistance of counsel during his prosecution on drug charges and for identity theft. Petitioner seeks relief on four claims of ineffective assistance of counsel: 1) ...

Read More »

‘Anonymous’ Jury Use Approved in Murder Trial (access required)

Using an ‘anonymous’ jury whose biographical information has been withheld from defense lawyers and defendants accused of drug-trafficking and murder of government witnesses is not a reason to overturn their convictions; the 4th Circuit follows decisions by its sister circuits ...

Read More »