Virginia Lawyers Weekly VA Lawyers Weekly

Evidence was sufficient to prove that the defendant conspired with his co-defendant to collect a debt through intimidation, including with a firearm. Background Appellant Jahsaad Livingston was tried jointly with his co-defendant, Therin Mason Miller-Jones. For several months in 2015, ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

A continuance ordered due to the hospitalization of defense counsel tolled the speedy trial deadline, because the reason for the delay was unanticipated and beyond the control of the Commonwealth. Background Appellee Calvin Craighead was indicted for two counts of ...

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

A defendant convicted of attempted murder and other offenses failed to show that he was denied a speedy trial. Because the parties offered conflicting hearing transcripts and no audio, the court could not resolve what defense counsel agreed to, and ...

Tagged with: Criminal En Banc Virginia Court of Appeals

The government was denied rehearing as to a habeas petitioner, previously granted permission to seek relief under the savings clause contained in 28 U.S.C. § 2255. Statement respecting denial (Agee, J.) The issues in this case are of significant national ...

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

The district court erred in sentencing the defendant as a career offender because his prior convictions for conspiracy to distribute and possess with intent to distribute cocaine are not controlled substance offenses for career offender purposes. No career-offender predicates Appellant ...

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

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Evidence Judge Albert Diaz

The district court did not err in applying a “vulnerable victim” sentencing enhancement to a defendant who worked at a fraudulent telemarketing center as a “reloader,” targeting individuals who had already fallen for the scheme at least once, in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz Sentencing

A defendant convicted of attempted murder and other offenses failed to show that he was denied a speedy trial, the Virginia Court of Appeals held en banc. Because the parties offered conflicting hearing transcripts and no audio, the court could ...

Tagged with: Criminal Evidence Virginia Court of Appeals

A trial court did not err in convicting the defendant for driving on a suspended license on “a highway of the Commonwealth.” The underlying offense took place on a gravel roadway leading to a national forest campsite. Background Officer Ron ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

In convictions on two possession counts, the Commonwealth was not required to prove that the defendant knowingly and intentionally possessed two different controlled substances, heroin and fentanyl, when both substances were contained within a single capsule that appeared visually uniform. ...

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