Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant claimed his appointed defense counsel had not prepared him for trial, the trial court correctly treated appellant’s assertion as a motion to withdraw counsel and properly denied the motion after hearing counsel describe her pretrial preparations with appellant. ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where one of the defendants in a criminal copyright infringement case voluntarily disclosed to an FBI agent substantive legal advice he received from his attorney, he waived attorney-client privilege. However, the waiver was not as broad as the government argued ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Where the defendant convicted of carjacking and brandishing a machine gun challenged the evidence that he intended to cause harm, the fact that he pointed the machine gun at the two carjacking victims and threatened that they could either help ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where a defendant was convicted of possessing a firearm and sentenced under the heightened penalties of the Armed Career Criminal Act, or ACCA, based on prior felony convictions, because the Virginia rape and burglary statutes can be satisfied with proof ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where a defendant who was sentenced to death for his role in a murder for hire plot alleged his trial counsel provided ineffective assistance by failing to investigate adequately his brain injury and potential mental illness, and failing to introduce ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Where a defendant convicted of the misuse of public assets sought an evidentiary hearing into the conduct of a juror who followed journalists covering the trial, there was no evidence she read a tweet about the trial. Background After Allen ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

A Fairfax judge has declared that when he presides over jury trials of criminal defendants, such trials “shall proceed in a courtroom devoid of portraits in the furtherance of justice.” Fair trial concerns “The Court has before it the question ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

After considering the totality of the evidence, the trial court correctly determined that appellant was aware of the nature and character of the controlled substance he possessed. Overview Officer Land responded to a call about appellant Swinea, who told Land ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

The trial court correctly denied appellant’s motion to strike the commonwealth’s evidence of burglary and destruction of property. There is sufficient evidence to affirm the court’s guilty verdicts on both charges. Background Price went to a shed on his property ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Appellant has waived his assignment of error that there was insufficient evidence to convict him of driving on a revoked license because he has not explained how the two cited cases in his appellate brief support his argument. Overview Police ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals