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Tag Archives: Criminal

Criminal – Habeas – ‘Actual Innocence’ – Child Sexual Abuse (access required)

An affidavit from an alleged victim of child sexual abuse crimes for which petitioner is serving a 51-year sentence, which purportedly states that petitioner did not “force” the minor to engage in sexual acts, does not support petitioner’s post-conviction motion ...

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Criminal – Habeas Corpus – Murder Conviction – Untimely Petition (access required)

A defendant who pleaded guilty to rape and murder has his habeas corpus petition dismissed by a Norfolk Circuit Court as filed eight years too late. The final order was entered May 13, 1999. The Court of Appeals affirmed the ...

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Supreme Court sets November argument docket (access required)

The Supreme Court of Virginia will hear arguments on Nov. 1 on whether trial courts in Norfolk and Alexandria properly used extraordinary writs to provide relief for immigrants who otherwise would have been deported because of misdemeanor convictions. Each defendant ...

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Criminal defense lawyers want to open up discovery (access required)

Discovery in criminal cases is a hot issue. In some localities, defense lawyers complain of secretive police policies and uncooperative prosecutors. In other jurisdictions, however, commonwealth’s attorneys announce “open file” policies, and defense lawyers generally agree those procedures work well. ...

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Fairfax prosecutor, defense lawyer offer view of murder case, midtrial (access required)

IRVINGTON–When Fairfax Commonwealth’s Attorney Ray Morrogh and criminal defense lawyer Peter Greenspun sat at a table before members of the Fairfax Bar Association, some may have wondered whether moderator Doug Kay could keep the two from tangling. The prosecutor and ...

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Court rejects four appeals by unpublished orders (access required)

The Supreme Court of Virginia upheld Friday the lower court holdings in a sexually violent predator case and three criminal appeals. The court heard arguments in the cases last month and resolved the appeals with unpublished orders. In the SVP ...

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Criminal – A&B – Law Enforcement Officer – Resisting Arrest (access required)

A defendant’s act of spitting in an officer’s face was an unreasonable use of force to resist an allegedly unlawful arrest, and the Court of Appeals affirms defendant’s conviction for assault and battery on a law enforcement officer in violation ...

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