Virginia Lawyers Weekly VA Lawyers Weekly

The defendant, a convicted sex offender on probation, could not use the Fifth Amendment as an excuse for lying to his probation officer about criminal conduct. Background On April 21, 2014, the defendant was indicted for feloniously using “a communications ...

Tagged with: Criminal Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

A law enforcement officer lawfully detained the defendant as he was emptying his truck on a rural road, and the appeals court upholds the denial of the motion to suppress. Background Indicted for illegal firearm possession, Steven Nestor moved to ...

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

The district court found appellants guilty of marriage fraud in connection with a scheme whereby they obtained permanent resident status for Cameroonian nationals by arranging fraudulent marriages with American citizens. The court affirmed. Background Carine Kojia Aleah Ep Mbendeke and ...

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

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty ...

Tagged with: Criminal Fairfax County Circuit Court Judge Brett A. Kassabian Virginia Circuit Courts

Pino pleaded guilty to making a false statement in connection with the purchase of a firearm. The court vacated the guilty plea, however, because the factual record did not support it since Pino had not made a false statement. Background ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Because the existing record gave the court no grounds to determine whether (1) the defendant was lawfully present in the U.S. at the time a firearm was found in his residence or (2) whether the conviction statute could satisfy Second ...

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

When a defendant directed officers searching his home to a gun under the couch, he was responding to their question to his wife, not to him. Therefore, no grounds existed to suppress his voluntary statements about the gun. No other ...

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

Because the existing record gave the court no grounds to determine whether (1) the defendant was lawfully present in the U.S. at the time a firearm was found in his residence or (2) whether the conviction statute could satisfy Second ...

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

When a defendant directed officers searching his home to a gun under the couch, he was responding to their question to his wife, not to him. Therefore, no grounds existed to suppress his voluntary statements about the gun. No other ...

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

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

Tagged with: Constitutional Criminal Judge Glen A. Huff Search & Seizure Traffic Offenses Virginia Court of Appeals