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Criminal Law

Impeachment of prosecution witness properly prevented (access required)

The trial court properly refused to let appellant impeach a prosecution witness because the testimony would have been improper propensity evidence under Virginia Rule of Evidence 2:413. Further, appellant could not attack the witness’s credibility under Rule 2:607(a). Overview Appellant ...

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Parts of potentially incriminating statements must be redacted (access required)

Where co-defendants in a murder case who were not testifying at trial made statements about a stabbing incident, the portions that were potentially incriminating to the defendant were redacted. Background German Hernandez is charged with conspiring to commit murder and ...

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No appeal of jury instruction issue (access required)

The Court of Appeals correctly ruled that appellant did not preserve a jury instruction issue concerning eyewitness identification for appeal, and that the ends of justice exception to the contemporaneous objection rule should not be applied. Further, appellant is not ...

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‘Ambiguous’ jury verdict insufficient for habeas relief (access required)

Where it was unclear whether a jury relied solely on now-invalid predicate counts in rendering guilty verdicts on two other counts, the defendant wasn’t entitled to habeas relief. He needed to show “more than a reasonable possibility” that the jury ...

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Defendant who took weapons to Haiti didn’t violate statute (access required)

Where the defendant was convicted of taking weapons to Haiti in an attempt to help the government quell gang violence, his conviction under 18 U.S.C. § 922(a)(5) was vacated because the statute requires a defendant to transfer the firearm to ...

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