Criminal « Virginia Lawyers Weekly

Feds pursue suicidal vet

By Peter Vieth
Published: February 9, 2012
Tags: Criminal, Federal Courts

The federal government broke a promise, according to the lawyer for a Navy veteran facing criminal firearms charges after he called for help on what is promoted as a confidential suicide prevention hotline.
The government alleges the former petty officer from Blacksburg committed four felonies by making a homemade gun using a pipe and a [...]

Fine Nonpayment Lands Defendant in Jail

By Deborah Elkins
Published: February 7, 2012
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms defendant’s 10-day jail sentence for failing to pay fines totaling $260 plus court costs imposed for two county ordinance violations; defendant failed to make an adequate record for appellate review of his contention that the fines imposed were for infractions rather than crimes so as to authorize punishment for contempt [...]

Lying and Furtive Movements Allow Seizure

By Deborah Elkins
Published: February 7, 2012
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

Defendant’s lie about his pockets and furtive movements during a consensual search gave the police reasonable suspicion for the seizure that resulted in his conviction for possessing cocaine with intent to distribute, the Court of Appeals says.
Defendant and two other individuals were in an area police were assigned to patrol because of past and current [...]

No Reversal for Indictment Errors

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Diana Gribbon Motz

The 4th Circuit affirms a defendant’s conviction and sentence on two counts of assaulting a correctional officer, despite errors in the indictment charging him with the offenses.
Defendant contends we should recognize as plain error the failure of count I to allege an intent to commit another felony as required by 18 U.S.C. § 111(a) and [...]

No Fees for Felon on Firearms Charge

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

A felon convicted for possession of a firearm in violation of 18 U.S.C. § 922(g)(1) cannot be ordered to repay the costs for his court-appointed attorney pursuant to 18 U.S.C. § 3006A(f), and the 4th Circuit vacates the district court order to pay attorney’s fees.
Defendant challenges the constitutionality of § 922(g)(1). We note the unanimous [...]

School CEO’s Fraud Conviction Reversed

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Roger L. Gregory

The 4th Circuit reverses a Maryland school system’s chief executive officer’s convictions for honest-services fraud in connection with his involvement in securing two public contracts for school products and services, but affirms the CEO’s convictions for evidence-tampering and obstruction of justice and orders resentencing.
The government concedes the district court erred when it instructed the jury [...]

Trespasser Violated Ordinance

By Deborah Elkins
Published: January 30, 2012
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

Upholding a city ordinance prohibiting early morning trespassing under the Dillon Rule, the Court of Appeals affirms defendant’s conviction as supported by the evidence; defendant’s constitutional challenges are barred for lack of standing and failure assert an as-applied challenge below.
Early about 1:00 a.m. one December morning, a police officer responded to a call of people [...]

Victims Saw Burglar’s Gun

By Deborah Elkins
Published: January 30, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

Although the commonwealth concedes error in defendant’s conviction for use of a firearm to commit burglary, the Court of Appeals affirms defendant’s jury trial convictions for that offense and burglary; defendant failed to preserve his sufficiency of evidence objection and the ends of justice exception of Rule 5A:18 does not apply when two victims saw [...]

Reversal for Improper Impeachment

By Deborah Elkins
Published: January 30, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

On appeal of jury trial convictions for second-degree murder and use of a firearm, the Court of Appeals orders a new trial for trial court error in admitting improper impeachment evidence that defendant purchased the firearm illegally; the error could have influenced the jury’s assessment of defendant’s credibility, critical to his defense.
One April evening in [...]

Remand on Drug User’s Gun Rights

By Deborah Elkins
Published: January 26, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

A marijuana user who asserts his Second Amendment right to possess firearms for his own protection in a dangerous neighborhood has his firearms conviction under 18 U.S.C. § 922(g)(3) vacated by the 4th Circuit; Congress might have reasonably concluded that disarming drug users could reduce gun violence, and the government gets another chance to make [...]

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