Virginia Lawyers Weekly VA Lawyers Weekly

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz Judge J. Harvie Wilkinson III Judge James A. Wynn Jr. Judge Julius N. Richardson Judge Roger L. Gregory Judge Stephanie Dawn Thacker

Although a public defender won reduction of a defendant’s sentence for firearm possession, the result was a loss of good-time credit that extended his client’s projected release date. Neither  Fed. R. Civ. P. 59(e) or 60 provide a basis for ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where appellant was driving his girlfriend’s car and was stopped because of a defective fog light, a police officer lacked legal justification to search the vehicle without a warrant after appellant refused to consent to a search. A gun found ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant was convicted of a misdemeanor in the general district court, appealed, and was convicted after a de novo trial in the circuit court, he cannot challenge the circuit court’s jurisdiction on the basis that his notice of appeal ...

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

Where the sentencing court failed to address the defendants’ non-frivolous arguments against a life sentence, including his age and sentencing disparities with his co-conspirators, resentencing is required. Background A jury convicted appellant Lemont Jerrone Webb of multiple criminal offenses related ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Where appellant purchased a firearm while subject to a protective order, the return of service of the order was not testimonial and therefore not subject to the Sixth Amendment’s Confrontation Clause. As a result, appellant cannot challenge his misdemeanor conviction ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Glen A. Huff Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant objected to the admission of evidence on Fourth Amendment grounds but never obtained a ruling from the trial court, he has not preserved the issue for appeal. Prior procedure As appellant was leaving a friend’s house, two police ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

Appellant’s reimposed sentences will be served consecutively because the original sentencing order is best understood as providing for concurrent service of the active sentences and consecutive terms for the suspended sentences. Overview In August 2016, appellant was convicted of grand ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Where a trial court has the statutory discretion to reimpose the entirety of a previously suspended sentence, the trial court in this case did not abuse its discretion by doing so, given appellant’s “repeated” violations of the conditions attached to ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where appellant used more restraint than necessary to sexually assault the victim, his jury conviction of abduction with intent to defile is affirmed. Background The evidence, in a light most favorable to the prosecution, showed that appellant assaulted the victim, ...

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