Virginia Lawyers Weekly VA Lawyers Weekly

Where a defendant convicted of murder voluntarily dismissed a parole eligibility claim from his initial 28 U.S.C. § 2254 petition after the district court denied his request for a stay in order to exhaust state proceedings, he did not need ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal

In re Torrence, Appeal No. 19-443, Oct. 2, 2020. 4th Cir. (per curiam). Joel M. Bondurant Jr. for Movant. Matthew C. Buchanan for Respondent. VLW 020-2-265. 9 pp. Full-Text Opinion

Although the defendant argued an affidavit in support of a search warrant did not establish probable cause to search his house for drugs, a tip received by the law enforcement officer that it was a “narcotics home,” and the officer’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal

United States v. Saunders, Appeal No. 19-4882, Oct. 7, 2020. 4th Cir. (per curiam), from EDVA at Richmond (Hudson). Geremy G. Kamens and Nia Ayanna Vidal for Appellant. G. Zachary Terwilliger, Stephen W. Miller and Holli R. Wood for Appellee. ...

A defendant’s motion to suppress a firearm found in his vehicle was correctly denied where the arresting officer had probable cause to arrest him for driving under the influence, would have searched him incident to that arrest and inevitably would ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal

United States v. Herman, Appeal No. 19-4767, Oct. 7, 2020. 4th Cir. (per curiam), from SDWVA at Charleston (Goodwin). Wesley P. Page and Jonathan D. Byrne for Appellant. Michael B. Stuart and Julie M. White for Appellee. VLW 020-2-263. 6 ...

Where the testimony of co-conspirators and cooperating witnesses, as well as recorded conversations involving the defendant supported a man’s conviction for conspiracy to distribute methamphetamine, the conviction was affirmed. Background Tony Chevallier appeals his conviction and sentencing for conspiracy to ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal

United States v. Chevallier, Appeal No. 19-4002, Oct. 2, 2020. 4th Cir. (per curiam), from EDNC at Wilmington (Dever). Frank A. Abrams for Appellant. Brian A. Benczkowski, Matthew S. Miner, Vijay Shanker, Robert J. Higdon Jr. and Jennifer P. May-Parker for ...

Plaintiffs lacked standing to challenge changes to Virginia’s Medicaid reimbursement rates and their applicability to emergency rooms and hospital readmissions via a declaratory judgment action. Background This suit involves the Commonwealth of Virginia’s Medicaid reimbursement rates and their applicability to ...

Tagged with: Administrative Judge Henry E. Hudson U.S. District Court - Eastern District

Virginia Hospital and Healthcare Association v. Kimsey, Case No. 20-cv-587, Oct. 7, 2020. EDVA at Richmond (Hudson). VLW 020-3-513. 15 pp. Full-Text Opinion