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Search and Seizure: Search of devices containing child sexual abuse material upheld
Where a man indicted on multiple child pornography-related counts argued the search warrant affidavits omitted critical information that would have cast doubts on his estranged wife’s veracity, this argument failed.
Criminal: Man convicted for hitting another man with his vehicle
After the defendant struck and killed a man with his vehicle, he argued two charges were inconsistent with each other, because the second-degree murder offense required the commonwealth to prove malice and intentionality, while the hit and run statute addressed conduct following an accident. This argument failed. Virginia case law is clear that, in the context of felony hit and run, “it makes no[...]
Criminal: Man convicted for killing woman after shooting into occupied building
Where the defendant fired his weapon into an occupied building, killing an innocent person, his conviction of felony murder and other charges were affirmed. Although he claimed he acted in self-defense, the jury was entitled to disbelieve this defense.
Criminal: Evidence supported convictions for conspiracy to commit robbery
Where the evidence showed a tacit or mutual understanding among the co-conspirators, and the appellants’ knowing and voluntary participation in that same conduct, their convictions for conspiracy to commit robbery were affirmed.
Criminal: Possession with intent conviction is affirmed
Where the defendant waited in his car for more than an hour to pick up a package addressed to a fictitious person or company with no connection to the address where the package was sent, he intercepted the driver as soon as he arrived with the package and there was other indicia of his involvement in the drug trade, a jury could conclude he knew the package contained a controlled substance.
Criminal: Prosecution did not violate Speedy Trial Act
Where the defendant’s trial began within the 70-day requirement of the Speedy Trial Act, his motion to dismiss was properly denied.
Criminal: Jury verdict withstands post-trial attacks
Where individuals convicted of conspiracy to committee wire and mail fraud and conspiracy to commit money laundering filed a host of post-trial motions, but none of those motions were granted, the verdicts stand.
Criminal: Child pornography conviction is vacated
Where the district court did not evaluate each element of a three-part test when it concluded that a prison was part of the special territorial jurisdiction of the United States, the defendant’s conviction was vacated.
Criminal: Request to withdraw guilty plea denied
Where the defendant argued the government’s failure to produce a complete copy of the warrant and affidavit influenced him to plead guilty and that its error was thus material, the court disagreed. The record showed the complete warrant would have made it more likely that he pleaded guilty.
Criminal: MS-13 members convicted for kidnapping and murder of two children
Where a jury convicted gang members for their roles in the kidnapping and murder of two children, the court rejected virtually all challenges to the verdicts and sentences.
Criminal: District court wrongly dismissed indictment
Where there is a complete absence of evidence that the officers acted with discriminatory purpose when they stopped the defendant, and because his equal protection claim requires clear evidence that he was stopped because he was Black, the district court erred when it dismissed the indictment.
Criminal: Man burns wife’s body after killing her
Where the defendant was charged with using a fire to commit a felony, after he killed his wife and burned her corpse, the district court erred when it refused to dismiss the use of fire charge. The predicate felony (interstate domestic violence) had come to an end before the fire.
Verdicts & Settlements
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
Opinion Digests
- Criminal – Ineffective assistance of counsel claim is rejected
- Criminal – 21-year-old MS-13 gang member receives five mandatory life sentences
- Appeals – Plaintiff lacks standing after he voluntarily settles his individual claims
- Appeals – Defendant’s release from prison moots his appeal
- Environmental – Injunction limiting release of chemical compound is vacated
- Fraud – False Claims Act suit against hospital is dismissed
- Constitutional – Suit over abuses in West Virginia foster care system is reinstated
- Prisons – Inmate’s suit was improperly dismissed
- Criminal – No dismissal of indictment despite Brady violation
- Sanctions – Contempt vacated because party wasn’t properly served
- Search & Seizure – Police had reasonable suspicion to search defendant’s bag
- Parent and child – ‘Best-interests of child’ standard isn’t unconstitutional
