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Criminal Law

Prosecutor Faulted for Closing Argument (access required)

A defendant’s conviction of dogfighting is reversed because the prosecutor’s recitation during closing argument of defendant’s prior criminal charges that purportedly went unpunished was so prejudicial it required a mistrial, the Court of Appeals holds. Cross-examination Although the prosecution asked ...

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Pre-departure Sentencing Guideline Range Controls (access required)

Joining all other federal appeals courts to consider this issue, the 4th Circuit holds that U.S. Sentencing Guideline Amendment 759 requires a district court at resentencing under Amendment 782 to calculate the “applicable guideline range” without applying any departures or ...

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Court Lost Jurisdiction After DOC Transfer (access required)

Although the Norfolk Circuit Court issued an order stating it would re­tain jurisdiction in the matter of de­fendant’s concurrent sentences for robbery and conspiracy to commit rob­bery, the court lost jurisdiction when the Department of Corrections took custody of defendant ...

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Delay Doomed Mandatory- Minimum Avoidance (access required)

A defendant seeking to avoid a man­datory minimum sentence for cocaine distribution, third or subsequent of­fense, under Va. Code § 18.2-248(C) must comply with the statute’s re­quirement of truthfully providing to the commonwealth all information and evidence concerning the offense ...

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