Virginia Lawyers Weekly VA Lawyers Weekly

Where the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge, defendant’s motion to dismiss, based on the prosecutor’s absence, is denied. The court agrees with a recent circuit court opinion, Commonwealth v. Sangha, 2021 WL 1179859 (Fairfax Cnty. ...

Tagged with: Criminal Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

Defense counsel provided effective assistance by not asserting an insanity defense. Petitioner is denied habeas corpus relief. “Under Strickland v. Washington, 466 U.S. 668, 687 (1984), a petitioner must prove both that his counsel’s performance was deficient and that he ...

Tagged with: Habeas Corpus Judge Randy I. Bellows Virginia Circuit Courts

Because a defendant may complete the final element of an aggravated RICO conspiracy without using, attempting to use or threatening to use physical force, an aggravated RICO conspiracy is not categorically a crime of violence. Background Antonio Simmons, Nathaniel Mitchell ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee Judge Julius N. Richardson

Where the 411-month sentence being served by a 44-year-old armed bank robber was at least 10 years longer than similarly situated defendants sentenced after the First Step Act, and his employment history, volunteerism and educational accomplishments during his 25 years ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where Dylan Roof, a white supremacist who pleaded guilty to killing nine members of a Charleston, South Carolina, church, made multiple challenges to his death sentence, including that he lacked competency to stand trial, that it was error to allow ...

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

Where the prosecutor’s improper statements during closing arguments on charges of sexual assault, including asking the jury to convict the defendant based on the prospective sins of others, the remarks so prejudiced the defendant’s substantial rights that he was denied ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

The court joined two other circuits in holding that the Employee Retirement Income Security Act of 1974, or ERISA, doesn’t prevent the government from garnishing the retirement assets of a defendant in order to satisfy a criminal restitution order under ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Where an attorney argued during a plea withdraw hearing against his client’s motion to withdraw his guilty plea, that conflict of interest warrants a new hearing with conflict-free counsel. Background Tekoa Glover raises two independent claims for relief from his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory

Where the defendant was charged with assault with a dangerous weapon, which inherently includes that he intended to commit the assault with violent force, his predicate conviction qualified as a crime of violence. Background On April 8, 2011, Dearnta Lavon ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Although a credit card holder that appellant cared for gave appellant permission to use her credit card to buy the holder books and groceries, evidence of extensive purchases made for other goods and services was sufficient to convict appellant of ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals