No Brady Error in Sex Offense Case

Overwhelming Evidence Supports Revoking Parole

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

The Court of Appeals affirms the trial court order revoking suspension of defendant’s sentences for grand larceny and burglary: overwhelming evidence shows a continuing pattern of criminal activity that renders harmless the trial court’s alleged error in admitting statements about other burglaries in which defendant is a suspect. Defendant was convicted of grand larceny and [...]

Upset Mom’s Messages Were Threats

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

A majority of the Court of Appeals affirms mother’s misdemeanor conviction for making telephone threats but reverses and dismisses her conviction for interfering with a 911 call for lack of evidence she disabled or destroyed any device required under the statute charged, Va. Code §18.2-164(B)( 2); the dissent argues both convictions should be reversed because [...]

No Continuance for Mental Disability Probe

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies a motion filed by defendant, an alleged Somali pirate, for a continuance of six to 12 months in order to develop evidence to support a claim of intellectual disability precluding imposition of the death penalty; defendant has failed to show a change in circumstances since he agreed to the [...]

No Conditional Release for Drug Defendant

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Raymond A. Jackson, U.S. District Court - Eastern District

Although a 19-year-old defendant charged with dealing “spice” had a clean criminal record, the Newport News U.S. District Court denies release on conditions, as it considers him a flight risk and a danger to the community, based on his mother and sisters living in Egypt, large sums of cash found in his home and car [...]

No Civil Commitment for Sex Offender

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

The 4th Circuit says a district court did not clearly err in finding a serial sexual abuser of minors was ineligible for civil commitment because the government did not prove he suffered from a serious mental illness; the appellate panel does not reach the question of whether the re-incarcerated offender could control his dangerous impulses. [...]

Forfeiture Upheld for Healthcare Fraud

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

Claimants, whose doctor son fled to Turkey after indictment for healthcare fraud, cannot overturn civil forfeiture of their property seized as proceeds of fraud and money laundering; the 4th Circuit rejects the parents’ claims that the district court erred by permitting remote testimony, mistakenly prohibited admission of certain documents and refused to give their proposed [...]

No Mandatory Minimum for Crack Defendant

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Roger L. Gregory

The 4th Circuit says a defendant who got a 10-year mandatory minimum sentence for participation in a crack cocaine distribution conspiracy must be resentenced, given that the threshold amount for the mandatory minimum to apply was raised to 280 grams by the Fair Sentencing Act, prior to defendant’s sentencing. Defendant also challenges the sufficiency of [...]

No Money Laundering Convictions Under ‘Merger Problem’

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge William B. Traxler Jr.

In this fraud case involving a scheme to sell life settlement investments, which resulted in nearly $100 million in losses for investors, the 4th Circuit interprets “proceeds” of the scheme as “net profits” and overturns defendant’s money laundering convictions; the court affirms defendant’s remaining fraud convictions, but vacates defendant’s sentence and remands for resentencing. Defendant [...]

Capital Murder Sentences Upheld

By Deborah Elkins
Published: April 29, 2013
Tags: Criminal, Supreme Court of Virginia

The Supreme Court of Virginia denies habeas relief and upholds the death penalty for each of petitioner’s three capital murder convictions committed when he escaped from custody and shot a hospital security officer and a deputy sheriff in 2006 near the Virginia Tech campus; finding no merit in petitioner’s claims of ineffective assistance of counsel [...]