Virginia Lawyers Weekly VA Lawyers Weekly

Where a bank robber suffered from serious health conditions that would render him virtually defenseless if he were to become infected with COVID-19, including chronic liver disease and a history of severe cardiac issues, he was excused from compliance with the ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Where the same drug dealing conduct was the basis for counts of possession with intent to distribute and distribution of controlled substances, the counts required proof of different elements and were therefore not duplicitous. Background This matter is before the ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Although the defendant argued he did not know his prior domestic violence convictions were labeled under federal law as “misdemeanor crimes of domestic violence,” that is not the law. His general knowledge was sufficient to support his conviction for possession ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where defendant was arrested as a robbery suspect and told police about his drug use in the days before the robbery, those statements are inadmissible when he later became a suspect in a robbery committed the previous month. Background Blowe ...

Tagged with: Criminal Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Where petitioner refused to waive extradition to New Jersey, the court must determine whether he has the requisite capacity to assist his counsel in the extradition process. Court’s synopsis “The Court has considered the Petition for a Writ of Habeas ...

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

A former CEO of an electronics recycling company failed to get his convictions for securities fraud and conspiracy to commit money laundering overturned because he could not support his allegations that the district court erred by denying his motions for ...

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

Where the evidence showed there was only one agreement between appellant and another to obtain money by false pretenses from three individuals, the circuit court erred by convicting appellant of three counts of conspiracy. A caselaw exception to the common-law ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where police had an objectively reasonable basis to believe appellant was attempting suicide, their entry without a warrant into his apartment was justified under the Fourth Amendment’s emergency aid exception, as was a “cursory sweep” of the apartment, which revealed ...

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

Where a police officer patrolling a college dormitory smelled marijuana coming from one of the rooms and covered the door’s peephole with his hand before knocking, this was not a Fourth Amendment search. The circuit court properly denied a motion ...

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

The trial court correctly refused appellant’s proffered jury instruction in this involuntary manslaughter case because it did not accurately state the law. Further, giving the proffered instruction, which stated that if the jury found the shooting was an accident, it ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals