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Criminal Law

First Step Act decisions must be procedurally, substantively reasonable (access required)

Where procedural and substantive reasonableness requirements are necessary to ensure the broad remedial purposes of the First Step Act, but the district court here did not explain why it believed a large upward variance was warranted when it resentenced the ...

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Judicial emergency tolled speedy trial deadlines (access required)

Where the Virginia Supreme Court declared judicial emergencies in response to the COVID-19 pandemic, speedy trial deadlines were tolled. The court did not infringe on appellant’s constitutional right to a speedy trial by declaring an emergency. Further, there was sufficient ...

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Sufficient evidence for assault, gun offenses (access required)

Where appellant was found guilty of possession of ammunition by a convicted felon, assault and battery of a family or household member, strangulation, and possession of a firearm by a convicted felon, sufficient evidence supports the convictions. Strangulation Appellant “Fate ...

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Evidence supports conviction for felony drug charges (access required)

Sufficient evidence supports appellant’s convictions for three felony drug possession charges and a misdemeanor charge of contributing to the delinquency of a child. Further, any error in admitting evidence that appellant was a sex offender was harmless. Constructive possession “To ...

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Magistrate properly issued arrest warrant (access required)

Where a magistrate issued an arrest warrant with two triggering conditions, the magistrate did not wholly abandon his judicial role by doing so. Conditions “The subject search warrant, prepared by law enforcement and/or the Commonwealth provides two different triggering events: ...

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