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Criminal Law

4th Cir: Attempts to confuse witness supported tampering conviction (access required)

Although the defendant advised a federal witness to just “tell the truth,” a jury reasonably found that her motives were criminal when she met the witness at the request of their mutual friend who was facing trial. Background In 2014, ...

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4th Cir.: With pedophilia diagnosis rejected, commitment ends (access required)

The district court did not err in finding that a developmentally disabled individual, civilly committed as a sexually violent predator, no longer met the criteria for continued commitment and must be released. Background Appellant Walter Wooden was born in 1956 ...

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EDVA: Inevitable discovery applied to gun, but not statements (access required)

Officers’ search of a defendant’s bag while he was speaking with officers in another room was not incident to lawful arrest, as there was little chance he could reach the bag or control its contents at the time. The firearm ...

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SCV: Double jeopardy bars double firearm convictions (access required)

The court of appeals correctly held that convictions for both common-law and statutory involuntary manslaughter under Code § 18.2-154 amounted to unconstitutional double convictions for the same offense. Background A jury convicted Appellee Carroll Gregg of both common law involuntary ...

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CAV: Evidence proved possession of “orphan” computer files (access required)

The Commonwealth’s evidence was sufficient to prove that the defendant “possessed” files containing images of child pornography, even if the images were “orphan” remnants of deletion from the computer’s file directory. Background In 2015, Detective Mark Belew was investigating computer ...

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CAV: “Breaking” proven by accomplice opening door (access required)

The Commonwealth offered sufficient evidence to prove that the defendant broke into the victim’s house, offering testimony that the defendant recruited an accomplice to inveigle her way into the house and unlock the door. Background In the afternoon of August ...

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WDVA: Restitution doesn’t preclude civil damages (access required)

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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