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Tag Archives: Criminal

Criminal – Voluntary Manslaughter – Self-Defense Instruction (access required)

A trial court did not err in rejecting defendant’s instruction on self-defense and the Court of Appeals affirms his conviction of voluntary manslaughter. Initially, it appears defendant offered the law for justified self-defense, as the instruction discussed the law for ...

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Criminal – Rape – Suspended Sentence (access required)

The Court of Appeals rejects defendant’s contention that the trial court abused its discretion in revoking his suspended sentence in its entirety because the revocation was based upon an act that occurred before a previous revocation proceeding and was not ...

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Rehearing Granted (access required)

On Sept. 23, 2010, the Virginia Court of Appeals granted rehearing en banc in Foltz v. Commonwealth (VLW 010-7-349), Record No. 0521-09-4. The court vacated its Sept. 7 panel opinion, which held that the warrantless placement of a GPS tracking ...

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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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