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Criminal Law

‘Other Crime’ Evidence Admitted in Abduction Trial (access required)

At defendant’s trial for abduction with intent to defile, the Charlottesville Circuit Court will admit evidence of abduction/sexual assault charges at issue in Albemarle County; the defendant allegedly in the other case similarly lured the victim with a ruse, through ...

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Drug Paraphernalia Statute Applied to Smoke-Shop Sales (access required)

Virginia Code § 18.2-265.3(A) is constitutional as-applied to defendant’s conduct selling paraphernalia to smoke marijuana in his Virginia Beach “Papa Joe’s Smoke Shop” because there is ample evidence that he possessed drug paraphernalia with intent to sell to non-prescription holders ...

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Sentence Enhanced for ‘Generic’ Kidnapping (access required)

The 4th Circuit upholds a district court’s 16-level enhancement under the federal sentencing guidelines for kidnapping as a prior “crime of violence” in sentencing defendant for illegal reentry into the U.S. following deportation and conviction for an aggravated felony; defendant’s ...

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