Virginia Lawyers Weekly VA Lawyers Weekly

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The court rejected a defendant’s claim there was inadequate corroboration of his extrajudicial confession, finding his confession was corroborated by admissions to his wife, his conduct and the testimony of a forensic nurse. To the extent the trial court erred ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The court affirmed a man’s conviction for distribution of Oxycodone and rejected his claim of ineffective assistance of counsel, finding that although his attorney was twice temporarily suspended while his case was pending, he was afforded licensed counsel at every ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

A five-year sentence for using a firearm in the commission of a felony is void ab initio because the applicable statute provides for a three-year sentence. Defendant is entitled to resentencing. Resentencing Custis was convicted of robbery, being felon in ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Through expert testimony, documentary evidence and testimony from the physician’s own employees, the government established a physician prescribed controlled substances without a legitimate medical purpose. The court denied the physician’s motions for acquittal and a new trial. Background A jury ...

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

A man’s conviction for murder and use of a firearm during a crime of violence was proper as he admitted struggling with three Pentagon police officers, grabbing one of their weapons and firing at the officers, one of whom died ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District

Any error resulting from the district court’s application of a sentencing enhancement for career offenders was harmless because, even if the enhancement was not applied, the court would have imposed the same sentence and that sentence would have been reasonable. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allyson K. Duncan

Conviction for assault, battery or wounding an officer while resisting arrest could not serve as a predicate offense under the violent felony clause of the Armed Career Criminal Act because it is possible for a person to be convicted of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King

Where a pawn shop employee had reason to believe the fellow gang member he gave several guns would use the firearms unlawfully, sentence enhancement of his convictions for firearm trafficking was appropriate. Background Appellant William Devon Evans was an employee ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr.

Despite being conducted in a public area, an officer’s strip search of the passenger of a car stopped for a traffic violation did not violate the passenger’s Fourth Amendment rights because the search was limited in scope and manner and ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allyson K. Duncan