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Tag Archives: Criminal

Criminal – Brady Claim – Exculpatory Evidence – Paid CI – Drug Buys (access required)

A defendant charged with drug distribution could have used information about a confidential informant’s lies about drug buys to undermine the investigation that led to defendant’s prosecution, and the Supreme Court of Virginia says defendant is entitled to a new ...

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Criminal – Animal Cruelty – Neglect – Equine Medical Treatment (access required)

The owner of a farm for homeless horses who failed to get emergency veterinary treatment for a horse that was emaciated and dehydrated, and that had been down for two days, can be misdemeanor animal cruelty conviction, the Supreme Court ...

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Court revisits ‘right result for wrong reason’ (access required)

The Supreme Court of Virginia had three occasions today to consider the concept of reaching the right result for the wrong reason in criminal cases. It issued two opinions based on the issue, using one of them to provide a ...

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Criminal – Burglary – Malicious Wounding – Intent (access required)

Although defendant claims there was insufficient evidence to show he intended to commit an applicable felony within a dwelling house at the moment he entered, the Court of Appeals affirms his convictions of armed statutory burglary and aggravated malicious wounding, ...

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Criminal – Custody Status – Sentence Revocation – Pending Appeals (access required)

The Virginia Court of Appeals says a trial court retained jurisdiction to consider a defendant’s motion for reconsideration of his sentences for credit card theft and upon revocation, his earlier sentence for embezzlement, even though defendant had noted appeals for ...

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Criminal – Cocaine Sale – Sentencing – Substantial Assistance (access required)

On remand of defendant’s case for possible resentencing, a Roanoke U.S. District Court says no further reduction in this cocaine defendant’s 187-month sentence is warranted under Amendment 706, given the fact that defendant had a prior felony drug conviction that ...

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Court hears gun arguments (access required)

Guns – in two different contexts – were a major topic for the Supreme Court of Virginia today. In two cases, the court revisited Virginia Code § 18.2-53.1, the statute that provides for a mandatory penalty of three years for ...

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