Virginia Lawyers Weekly VA Lawyers Weekly

Because the defendant had notice of the charges against him; received notice of the date, time and place of his removal hearing; attended that hearing, where he had a fair opportunity to be heard by the immigration judge; and offered ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

Despite the deficiencies in the initial notice to appear, the defendant appeared at the deportation hearing, did not argue he was denied an opportunity to be heard and did not offer a substantive argument that there was a reasonable probability ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

In granting the government’s motion to dismiss without prejudice an indictment for fraud against managers of a health care company, the court found defendants conflated prejudice arising from the investigation and indictment with prejudice arising from a delay in trial. ...

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

The government disclosed, at the end of a two-week jury trial, that it failed to produce up to 32,000 documents but the court held it was inadvertent, and denied the defendants’ motion to dismiss the indictment. Background On Oct. 28, ...

Tagged with: Criminal Judge Liam O'Grady U.S. District Court - Eastern District

An 11-count discrimination suit brought by a former substance abuse counselor was dismissed because one defendant could not be sued and another was immune; the court did not have jurisdiction over some counts and others ran the statute of limitations, ...

Tagged with: Criminal Judge Claude M. Hilton U.S. District Court - Eastern District

The court found one count of defendants’ firearm convictions must be vacated following a U.S. Supreme Court ruling in Dimaya because there was no requisite “crime of violence” to support a guilty verdict. The defendants however, lost their bid for ...

Tagged with: Criminal Judge Mark Davis U.S. District Court - Eastern District

The 4th U.S. Circuit Court of Appeals said the state court erred in not allowing an expert for a convicted murderer to testify on the probability of the defendant committing future violent acts in prison, which went directly to the dangerousness ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

Although a defendant claimed he took medications that caused him confusion the day he pleaded guilty to attacking his wife, he failed to show he had been given an overdose, and his effort to withdraw his plea was denied. In ...

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

The court rejected defendant’s claim that introduction of video and photographic evidence depicting the controlled purchase of illegal drugs violated the Confrontation Clause as the informant had died and could not be questioned. The court found the contents did not ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

The record shows the trial court based its upward departure in sentencing a Maryland man who pleaded guilty to possession of heroin on the “heroin epidemic” and not on the defendant’s race or other impermissible considerations. The trial court, therefore, ...

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