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Criminal Law

4th Cir.: NC voluntary manslaughter requires volition (access required)

Federal law permitted harsher sentencing for a defendant’s drug crimes because his prior conviction for voluntary manslaughter in North Carolina qualified as a “violent felony” under the applicable statute. In sentencing Appellant Antoine Smith for drug-possession convictions, the district court ...

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EDVA: Constructive amendment requires acquittal (access required)

Following his trial and conviction by jury, a deportee was acquitted for forcibly resisting ICE officers after the government offered evidence of forcible resistance only to CBP officers. Background Defendant Koffi Ameyapoh, a citizen of Togo, was ordered removed from ...

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CAV: Breath test “unavailable” en route to hospital (access required)

Use of a blood test to determine the defendant’s blood alcohol content without a warrant was justified under Virginia’s implied-consent law when administering a breath test would have delayed the defendant’s medical care. Background Alexandria police officer Reid Hudson pulled ...

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Victim’s disability supported attempted-rape conviction (access required)

Due to evidence demonstrating a woman’s mental incapacity to appreciate the nature and consequences of intercourse, an intimate encounter between her and another patient at a psychiatric facility amounted to attempted rape. Background On March 15, 2015, Appellant James L. ...

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Admission of “Grim Reaper” moniker was harmless (access required)

The court of appeals found that Appellant Montrio Santos Neville’s nickname, “Grim Reaper,” was not harmfully introduced at his trial for murder and heroin distribution because (1) he was not convicted for murder, and (2) sufficient other evidence supported his ...

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