Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant was convicted of driving after forfeiture of her license, third offense in 10 years, the Court of Appeals correctly concluded that there was sufficient evidence that she knew her license was revoked on the date of the offense. ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where a panel for the first time addressed whether a conviction under South Carolina’s voyeurism statute constitutes a “sex offense” requiring registration under Sex Offender Registration and Notification Act, it found that a violation of the statute—which does not require ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr.

Although the government did not challenge as procedurally unreasonable the downward departure of a sentence given to a man who pleaded guilty to assault for repeatedly injuring his infant son, the court was nevertheless required to analyze procedural reasonableness, which ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

Where the police would have inevitably discovered a firearm in a plastic bag during an inventory search following a lawful arrest of two people whom officers evicted from a hotel room, the defendant’s motion to suppress was denied. Background Police ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Where the facts showed a defendant convicted of carjacking acted with intent to cause death or serious bodily harm, his attempts to upset his conviction by attacking the jury’s verdict and bringing Fourth and Sixth Amendment challenges failed. Background Following ...

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

Where the prison denied an inmate the ability to attend religious services or wear a beard of a certain length as a means of incentivizing him to improve his conduct, it may have violated his rights under the Religious Land ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Where the defendant is charged with possession of a firearm by a felon, his prior conviction for possession of a firearm by a felon is admissible, with a limiting instruction, to show absence of mistake or lack of accident. Background ...

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

Where the government prosecuting a pharmaceutical company over alleged fraud stemming from the development and marketing of prescription drugs presented to the grand jury evidence of a prior conviction of an individual doctor, its conduct did not warrant dismissal of ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Appellant’s convictions of animate object sexual penetration, aggravated sexual battery and custodial sexual abuse were not flawed by the admission of evidence that he had child pornography on his computer. Further, the court properly denied defense counsel’s motion to withdraw, ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where, as part of appellant’s probation, the court banned him from using the internet without his probation officer’s permission, we remand for resentencing so the court can state reasons that would justify a general ban or narrowly tailor use restrictions ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals