Quantcast
Home / Opinion Digests / Criminal Law (page 19)

Criminal Law

CAV: Conviction upheld for leaving kindergartener home alone (access required)

A doctor’s conviction for felony child neglect was affirmed based on findings that he left his five-year-old child home alone, knowing that the child had a history of unruly behavior and wandering off when not properly supervised. Background On the ...

Read More »

CAV: Conviction upheld despite altered Miranda warning (access required)

An arresting officer’s addition of the phrase “if you’re charged with a crime” to the standard Miranda warning effectively put the defendant on notice of his constitutional rights, and his subsequent incriminating statements were admissible. Background On August 3, 2012, ...

Read More »

4th Cir.: Exclusionary rule applies only after egregious conduct (access required)

In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...

Read More »

4th Cir.: In sentencing, conspiracy not a “crime of violence” (access required)

A defendant’s prior conviction for conspiracy to commit murder in aid of racketeering did not necessarily establish that he’d committed a “crime of violence” for purposes of federal sentence enhancement. Because conspiracy in the racketeering context does not require an ...

Read More »

EDVA: Removal order unfair without notice of voluntary option (access required)

A defendant’s indictment for illegal re-entry was dismissed because the underlying removal order was entered without advising the defendant of his possible eligibility for voluntary removal. Background In 2011, U.S. Immigration & Customs Enforcement took custody of Defendant Leodan Itehua, ...

Read More »

EDVA: Firearm discovered in Terry stop suppressed (access required)

Police responding to gunfire in a Richmond neighborhood unreasonably detained a group of men walking away from where they heard shots. As a result, a firearm discovered after police detained the defendant was suppressed. Background Defendant Billy Curry was indicted ...

Read More »

CAV: Probable cause does not require direct evidence (access required)

Despite a lack of direct evidence of criminal activity, a warrant authorizing the search of the defendant’s home was supported by numerous facts which, taken together, created a “fair probability” of the defendant’s illegal drug activity. Background Officer Jon McKay ...

Read More »