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Opinion Digests

ACCA Vagueness, VICAR Violations and Defining Violent Crimes (access required)

Alleged members of the Mad Stone Bloods gang request that a Roanoke U.S. District Court dismiss the counts in the superseding indictment charging them with the use and discharge of firearms during crimes of violence, in violation of 18 U.S.C. ...

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Notice Sufficient, “Applicable Law” Does Not Incorporate Future Law (access required)

Plaintiff asserts three defendants failed to comply with the terms of the note and deed of trust on her home and seeks to rescind the sale of her property to a fourth defendant, all four of whom were involved in ...

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Commonwealth Established Intent for Indecent Liberties (access required)

Regardless of whether a particular photograph displayed “sexual parts,” a teacher who engaged in a series of provocative texts with an 11-year-old student was properly convicted under Code § 18.2-374.3(B) of using a cell phone for “purposes of procuring or ...

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Motion to Strike Sentence Recommendation Denied (access required)

A Fairfax County circuit judge denies a motion to strike a jail sentence recommendation in a sex offender’s presentence report despite the fact that sentencing guidelines recommend probation. The defendant presents a challenge to the generalized authority of probation officers ...

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Virginia Bound by Maryland Immunity Agreement (access required)

A Bedford County circuit judge will suppress or exclude statements made by a felony murder defendant subject to terms of an immunity agreement with prosecutors in Montgomery County, Maryland. The court first addressed whether the commonwealth is contractually obligated by ...

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