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Criminal Law

Defendant’s statements partially waived attorney-client privilege (access required)

Where one of the defendants in a criminal copyright infringement case voluntarily disclosed to an FBI agent substantive legal advice he received from his attorney, he waived attorney-client privilege. However, the waiver was not as broad as the government argued ...

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Hearing ordered on ineffective assistance claim in capital case (access required)

Where a defendant who was sentenced to death for his role in a murder for hire plot alleged his trial counsel provided ineffective assistance by failing to investigate adequately his brain injury and potential mental illness, and failing to introduce ...

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Judge says no portraits in courtrooms for criminal trials (access required)

A Fairfax judge has declared that when he presides over jury trials of criminal defendants, such trials “shall proceed in a courtroom devoid of portraits in the furtherance of justice.” Fair trial concerns “The Court has before it the question ...

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Sufficient evidence appellant illegally had controlled drug (access required)

After considering the totality of the evidence, the trial court correctly determined that appellant was aware of the nature and character of the controlled substance he possessed. Overview Officer Land responded to a call about appellant Swinea, who told Land ...

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Property destruction and burglary convictions affirmed (access required)

The trial court correctly denied appellant’s motion to strike the commonwealth’s evidence of burglary and destruction of property. There is sufficient evidence to affirm the court’s guilty verdicts on both charges. Background Price went to a shed on his property ...

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