Virginia Lawyers Weekly VA Lawyers Weekly

Where appellant forced the victim’s car to stop and then blocked her car with his to prevent her from driving out of a ditch, this was sufficient evidence to sustain a carjacking conviction. Further, when appellant hit the driver-side window ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Prior convictions for fraud, embezzlement and misdemeanor use of identifying information were admissible in the trial of a woman charged with wire and bank fraud and the preparation of false tax returns because both involve her untruthfulness for personal gain. ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Where a defendant argued for dismissal of five counts of wire fraud because the superseding indictment did not plead the target of the scheme was a financial institution, her motion was denied. The indictment charged only general wire fraud, which ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Where the police went to the private home of the defendant’s girlfriend believing he might be there, but lacked probable cause to conclude that he lived there, their entry without a warrant required suppression of the evidence and his convictions ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Even though the police discovered documents and court papers bearing appellant’s name in an apartment bedroom, there was insufficient evidence that appellant constructively possessed marijuana and Xanax that was also found in the bedroom. His possession with intent to distribute ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where the court issued a series of sentencing orders that contained errors, the court had the authority under Code § 8.01-428(B) to modify the orders so the record accurately reflects its rulings. Setting it straight Appellant entered guilty pleas to ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

The trial court erred by allowing an attorney to serve as a private prosecutor in appellant’s criminal assault trial while simultaneously representing the complaining witness in a civil matter involving appellant. The simultaneous representation was a conflict of interest that ...

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

Where the defendant was sentenced to life for conspiracy to distribute cocaine under then-mandatory sentencing guidelines, made extraordinary efforts to rehabilitate himself and develop skills and had the support of loved ones to ensure successful re-entry into society, his sentence ...

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

Where the defendant has been held for more than one year without a bond hearing, his prolonged detention raises due process concerns. A hearing was ordered, where the government bears the burden of justifying his continued detention by clear and ...

Tagged with: Criminal Judge Douglas E. Miller U.S. District Court - Eastern District

Where a court may have erred in applying a four-level enhancement and upwardly departing from the guidelines when imposing a sentence for possession of a firearm in connection with another felony, the decision was affirmed because the record showed the ...

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