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Tag Archives: Criminal

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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Bond denied for former prosecutor

A federal judge Monday denied bond for former Winchester Commonwealth’s Attorney Paul H. Thomson based on a charge of witness tampering and a positive drug screen. A DEA affidavit claims Thomson, 56, tried to manipulate statements by his alleged former ...

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Criminal – Habeas Petition – Discovery Order (access required)

A Norfolk Circuit Court says a habeas petitioner who asserts claims including ineffective assistance of counsel and conflict of interest, is not entitled to discovery related to the federal indictment and conviction of Norfolk police investigator Robert G. Ford. Rule ...

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Criminal – Habeas Petition – Filing Document Under Seal (access required)

A Norfolk Circuit Court denies a habeas petitioner’s motion to file under seal an unredacted version of an affidavit filed by one of petitioner’s attorneys, based on the litigant’s claim that “witnesses who provided the information have expressed concerns that ...

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Criminal – Habeas Petition – Discovery Order – Attorney-Client Privilege (access required)

A Norfolk Circuit Court says a habeas petitioner who asserts claims including juror misconduct and ineffective assistance of counsel, is not entitled to discovery related to the federal indictment and conviction of Norfolk police investigator Robert G. Ford; however, the ...

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Criminal – Police Questioning – Videotape – Phone Calls (access required)

A juvenile defendant had no reasonable expectation of privacy that would preclude prosecutors’ use of a videotape of her during questioning at the police station, and a Norfolk Circuit Court says the fact that the defendant was under stress at ...

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