Virginia Lawyers Weekly VA Lawyers Weekly

Although appellant’s 911 call “was certainly inappropriate,” and was an “improper use” of the emergency service, the prosecution did not prove that when the call was placed, appellant had the intent to harass the 911 operator. As a result, appellant’s ...

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

Where a defendant who pleaded guilty to using a firearm in a crime resulting in death requested an early prison release because of COVID-19, his motion was denied. His asthma was well-controlled, he was only 30 years old, not overweight, ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where appellant attempted to buy firearms while under an unexpired preliminary protection order, the order’s return of service, which was used at trial to establish an element of the offense, was not “testimonial.” Therefore, appellant’s Sixth Amendment confrontation right was ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia

Where the trial court instructed the jury that it could convict appellant for rape and forcible sodomy solely on the victim’s uncorroborated testimony “if believed,” this was a correct statement of the law. The convictions are affirmed. Background Appellant met ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Where the defendant’s use of the N-word constituted “abusive language” under Virginia’s “fighting words” statute, but the government offered no evidence that two African American individuals responded violently to the hateful slur or that a reasonable person in their positions ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Where a New Zealand-based defendant was charged with kidnapping and production of child pornography, his motion to sever the charges was denied because they were linked: the production of child pornography led to the attempted kidnapping. Background Troy George Skinner, ...

Tagged with: Criminal Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a New Zealand-based defendant argued that Congress did not intend for a statute prohibiting sexual exploitation of children to apply beyond the United States, his motion to dismiss was denied because the text, history and context of the law ...

Tagged with: Criminal Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a defendant charged with kidnapping and production of child pornography argued a warrant allowing search of his cellphones was not sufficiently particular, his motion to suppress was denied. The warrant and supporting affidavit specifically identified the items to be ...

Tagged with: Criminal Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the defendant pleaded guilty to distributing cocaine base, he could not later complain that he was not provided with impeachment evidence because when a defendant pleads guilty, he forgoes accompanying constitutional guarantees, like the right to receive material impeachment ...

Tagged with: Criminal Judge Glen E. Conrad U.S. District Court - Western District

In this aggravated malicious wounding case, the jury was correctly instructed that a defendant’s heat of passion defense must arise from the victim’s provocation rather than being provoked by someone else. Further, there was sufficient evidence of malice to support ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals