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Tag Archives: Criminal

Collateral Estoppel Does Not Apply in Simultaneous Prosecution (access required)

Although a jury acquitted defendant on charges of malicious wounding, attempted murder, use of a firearm and shooting into an occupied vehicle, collateral estoppel did not bar the trial judge in a bench trial from convicting defendant of a remaining ...

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Texting Driver Can Be Convicted of DUI, Manslaughter (access required)

A trial court was not required, after defendant’s DUI conviction, to dismiss defendant’s indictment for vehicular aggravated involuntary manslaughter as a violation of the federal constitutional Double Jeopardy Clause and Va. Code § 19.2-294, and the Court of Appeals affirms ...

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Court clears the way for deferred judgment (access required)

The Supreme Court of Virginia appeared to clear the way Thursday for judges to defer judgment in criminal cases and enter a finding of not guilty even when they find the law and facts sufficient for a finding of guilt. ...

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Supreme Court approves deferred judgment (access required)

Resolving a sometimes heated debate between prosecutors and defense lawyers in Virginia, the Supreme Court of Virginia ruled Thursday that courts have the inherent authority to take a criminal case under advisement to consider dismissal instead of conviction, even after ...

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Defendant Wins In Camera Review in ‘Atypical’ Brady Case (access required)

In this drug and gun case, the 4th Circuit vacates one of defendant’s firearms conviction because he has made a “plausible showing” that requires the district court to conduct an in camera review, for a possible Brady nondisclosure violation, of ...

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