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Tag Archives: Criminal

Habeas Limit Does Not Violate Suspension Clause (access required)

Applying the one-year limitation under Va. Code § 8.01-654(A)(2) to petitioner’s habeas petition alleging belated discovery of a failure to disclose exculpatory evidence does not violate the Suspension Clause of the Virginia Constitution, and the Norfolk Circuit Court dismisses the ...

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Statement ‘Immaterial’ in Brady Claim (access required)

A Norfolk Circuit Court grants the commonwealth’s motion to dismiss a habeas petition seeking to vacate defendant’s second degree murder conviction and revocation of his probation, based on a recently discovered alleged Brady violation. Petitioner alleges the commonwealth had a ...

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No Per Se Child Porn Sentence Enhancement (access required)

Although defendant used a file-sharing program accessible to others with images of child pornography, the district court erred in applying a five-level sentencing enhancement under USSG § 2G2.2(b)(3)(B) for a defendant who had “distributed” child pornography with the “expectation” of ...

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