Virginia Lawyers Weekly VA Lawyers Weekly

Where the police were immediately responding to the scene of where gunshots were heard, it was not unlawful for them to temporarily stop men walking away from the scene. The case was remanded to determine whether the search, which revealed ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where the defendant’s challenge to his designation as an armed career criminal is not barred by the statute of limitations, the law of the case or a waiver, the district court must consider his arguments that his prior robberies no ...

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

Where a search warrant affidavit was found not sufficient to establish probable cause, testimony from the investigating officer revealed facts not contained in the warrant and supported the belief that evidence of child pornography would be found on the electronic ...

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

Although the defendant challenged the indictment to smuggle contraband into the jail on multiple grounds, including that that jail is not a “prison” within meaning of the federal statute and the statute is unconstitutionally vague the court rejected each of ...

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

Defendant’s actions while seated in his car – digging between and beneath the seats and behind him with his hands – gave police a reasonable suspicion that he was reaching for a weapon, which justified removing defendant from his car ...

Tagged with: Criminal Justice D. Arthur Kelsey Justice LeRoy F. Millette Jr. Justice William C. Mims Supreme Court of Virginia

Where defendant raises a jurisdictional challenge on appeal to his credit card theft convictions, his convictions are affirmed. His argument is based on a case dealing with venue in credit card theft cases, and the case was legislatively overruled when ...

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

Where the circuit court granted bail to a defendant charged with two counts of raping his 8-year-old stepdaughter, the decision is reversed because the court did not adequately state its reasons for the ruling. Overview Defendant appellee was charged with ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where the police did not impermissibly extend their interaction with the defendant who consented to the search of his vehicle, and the evidence of a firearm and drugs would inevitably have been discovered by police, the defendant’s motion to suppress ...

Tagged with: Criminal Judge Robert E. Payne U.S. District Court - Eastern District

In an action to determine just compensation for the taking of certain property for the construction of a natural gas pipeline, where landlords were unable to offer testimony regarding the diminished market value of their property, the motion to exclude ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

Where there was a reasonable basis to believe the defendant was a threat to officers, the Fourth Amendment was not violated when an officer looked through the window into the kitchen to see if the defendant’s position posed a danger. ...

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