Virginia Lawyers Weekly VA Lawyers Weekly

A defendant charged with federal illegal reentry from Mexico pleaded guilty to a crime committed during his prior presence in the U.S. The guilty plea waived his right to assert that a six-year delay between the charge and his plea ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Where the government opted to not make an initial closing argument, it should not have been allowed to make a rebuttal closing argument after the defendant’s closing. But because the defendant did not show he was prejudiced by the altered ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Although an inmate argued he was unlikely to travel because of reduced financial resources and temporary restrictions prompted by COVID-19, his prior violation of his bond by traveling out of state led the court to deny his motion for release ...

Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District

Although the court has the discretion to dismiss defendant’s case even though he has not completed the required 100 hours of community service, the court will instead extend the time for completing community service by six months. Background Defendant was ...

Tagged with: Criminal Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

There was sufficient evidence to show that appellant possessed methamphetamine with the contemporaneous intent to distribute it. In the trial court Appellant was wanted on an outstanding capias warrant. Deputy Rosemeier saw appellant leave her house and get into her ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant’s plea agreement allowed law enforcement officers to search him, his residence or vehicles up to six times a year for five years after he was released from incarceration, the trial court properly concluded that the annual limit was ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where the court declared a mistrial when evidence surfaced after the close of proofs at appellant’s jury trial that a witness lied on the stand, new indictments against defendant were correctly dismissed on double jeopardy grounds. There was no manifest ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where appellant was indicted for carnal knowledge of a child between the age of 13 and 15, there was no error when the trial court allowed the commonwealth to amend the indictment at trial to taking indecent liberties with a ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

A condition of supervised release that requires a total ban on defendant’s viewing of any materials that sexually arouse him, including mainstream media like movies or advertisements, did not run afoul of 18 U.S.C. § 3583(d) because it was meant ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Even though appellant pleaded guilty to trespass, this did not preclude a conviction for statutory burglary arising from the same incident. Code § 18.2-92 provides that statutory burglary is a breaking and entering with intent to commit any misdemeanor except ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals