Virginia Lawyers Weekly VA Lawyers Weekly

A defendant’s claim that jury instructions in his trial for forcible sodomy and sexual battery were confusing was speculation. Background On Oct. 2, 2015, the victim met the appellant at a bar in Fredericksburg around 11:30 p.m. The victim had ...

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

A woman convicted of child abuse and neglect successfully argued that the trial judge impermissibly lengthened her sentence by three years. Background Following her conviction for felony child abuse and neglect, a jury fixed a maximum sentence of seven years ...

Tagged with: Criminal Justice Stephen R. McCullough Supreme Court of Virginia

A man convicted of rape violated the conditions of the suspended portion of his sentence by having contact with underage girls. Background In 2005, Johnson was convicted of rape. The circuit court sentenced Johnson to 30 years’ incarceration with 20 ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

A man convicted of grand larceny failed to prove ineffective assistance of counsel and other errors that would warrant habeas relief. Background Mark Wright was indicted upon several charges including a charge of robbery in violation of Code § 18.2-58. ...

Tagged with: Criminal Supreme Court of Virginia

The government failed to prove the defendant was in the Eastern District of Virginia when he actually transmitted National Defense Information to his Chinese contact. Background Following a four-day trial, a jury convicted defendant of: (1) conspiracy to gather or ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Although the defendant argued that the government’s failure to disclose information about an oil valve used to conduct illegal discharges was a Brady violation,  the information was not material and the convictions for failure to maintain accurate records and for ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Because the district court would have imposed the same sentence on an undocumented immigrant convicted of sexual battery and illegal reentry, the error made in the process was harmless. Background Macias-Maldonado illegally entered the United States in 2006. In January ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

A man sentenced to 132 months in prison for possession and distribution of heroin failed to get his conviction overturned. Background A jury convicted Tacarlos Miller of conspiracy to distribute and possess with intent to distribute heroin and distribution of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Law enforcement officers who witnessed a drug transaction acted in good faith when they sought historical cell phone site location data based on the law at the time, and defendant’s conviction is affirmed. Background After Alexandria police detectives witnessed appellant ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

Where an inmate was wearing jeans at the time of a random, unannounced search, and officers found a controlled substance in the jeans, he possessed the controlled substance and his conviction is affirmed. Background On March 23, 2016, appellant and ...

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