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Criminal Law

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 ...

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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) ...

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‘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 ...

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Officer’s Speed Estimate Supported Traffic Stop (access required)

The 4th Circuit upholds a traffic stop based on two officers’ separate visual estimates of defendant’s speed, as the officers’ radar certification training required them to visually estimate vehicle speed within a narrow margin of error; the subsequent open-air search ...

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IAD Does Not Cover Probation Violations (access required)

A Roanoke City Circuit Court denies a federal prisoner’s motion to dismiss state detainers filed on underlying charges of probation violation, as the Interstate Agreement on Detainers does not apply to probation violation proceedings. Under Article III of the Interstate ...

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