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Tag Archives: Criminal

Gun Ban for Domestic Violence Upheld (access required)

The 4th Circuit upholds the federal statute making gun possession by a person convicted of misdemeanor domestic violence against defendant’s as-applied constitutional challenge; social science reports about recidivism among persons arrested for domestic violence and the frequency of gun violence ...

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Full Court Grants Actual Innocence Writ (access required)

Following the Supreme Court of Virginia’s September 2009 writ of innocence exonerating defendant of one rape, a majority of the en banc Court of Appeals issues a writ of actual innocence vacating defendant’s convictions for abduction and rape in two ...

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‘Building’ Burglaries Qualify Under ACCA (access required)

A defendant’s prior convictions for breaking and entering a restaurant and a “Corner Market” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, contrary to the district court decision, and the 4th Circuit vacates ...

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