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Tag Archives: Criminal

Criminal – Traffic Offenses – Blue Ridge Parkway – Eluding (access required)

A Charlottesville U.S. District Court denies defendant’s motion to dismiss a charge of felony eluding a police officer on the Blue Ridge Parkway in violation of Va. Code § 46.2-817(B), prosecuted under the Assimilative Crimes Act, 18 U.S.C. § 13, ...

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Criminal – National Park – ATV Trail Riding – Order To Stop (access required)

A defendant traveling on an ATV on a Cumberland Gap National Park trail closed to such vehicles cannot be convicted of violating 36 C.F.R. § 4.2, incorporating Va. Code § 46.2-817, for failure to halt at a “visible or audible” ...

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Criminal – Habeas – Ineffective Assistance – Plea Negotiation (access required)

A defendant convicted of conspiracy to distribute oxycodone within 1,000 feet of an elementary school has her conviction set aside under 28 U.S.C. § 2255 due to her lawyer’s ineffective assistance of counsel during the plea negotiation process, in this ...

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Criminal – Sentencing – ACCA Enhancement – Indecent Liberties – N.C. Law (access required)

A defendant’s sentence for firearm possession can be enhanced under the Armed Career Criminal Act, based on his prior convictions in North Carolina for taking indecent liberties with a child, the 4th Circuit says. This appeal presents the question whether ...

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Criminal – Competency – Forcible Medication – Nonviolent Crime (access required)

The 4th Circuit reverses a trial court order that allowed forcible medication of a defendant, charged with conspiracy and credit-card fraud, who suffers from delusional disorder and has been determined to be incompetent to stand trial. Kimberly White, who suffers ...

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Writs granted on arbitration, slayer statute and workers’ comp issues (access required)

The case of a Norfolk judge who refused to enforce an arbitration clause in a nursing home contract is among the more interesting of the first flush of petitions for appeal granted by the Supreme Court of Virginia after its ...

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Criminal – Plea Agreement – Nolle Prossed Charges (access required)

The Court of Appeals rejects defendant’s claim that the commonwealth violated his due process rights by dishonoring a plea agreement and eliciting testimony at his sentencing hearing on charges that had been nolle prosequied by the commonwealth; defendant’s sentence on ...

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Criminal – Forfeiture – Substitute Property – Contraband Cigarettes (access required)

In this criminal case for conspiracy to violate the Contraband Cigarette Trafficking Act and for tax evasion and mail fraud, an Abingdon U.S. District Court says it must amend a forfeiture order for defendants’ bank accounts to protect the legal ...

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