Quantcast
Home / Opinion Digests / Criminal Law (page 2)

Criminal Law

Evidence supported voluntary manslaughter conviction (access required)

Even though words alone are insufficient provocation to reduce murder to manslaughter, defendant cannot challenge her voluntary manslaughter conviction on this basis because she approved jury instructions that omitted this legal principle, says the Virginia Supreme Court. Defendant waived her ...

Read More »

Sentenced enhanced for state robbery conviction (access required)

Because a prior North Carolina conviction for robbery qualified as a “crime of violence” under the Sentencing Guidelines, applying a career offender enhancement to a bank robber’s base offense level was not error. Background Jarrett Terrell Edwards appeals his 192-month ...

Read More »

No error in sentencing defendant for unlawful firearm’s possession (access required)

The district court did not err in increasing the defendant’s base offense level because of two prior convictions. Background In 2016, Allen pleaded guilty to the unlawful possession of firearms by a convicted felon. The probation officer prepared a presentence ...

Read More »

Two hour interview did not require Miranda warnings (access required)

Although law enforcement interviewed the defendant for two hours in his mother’s living room about his possible involvement in child pornography, the officers were not required to give him Miranda warnings because he was not subjected to restraints of the ...

Read More »

Prior convictions fell within definition of ‘controlled substances’ (access required)

The court rejected defendant’s objection to his sentence, finding prior Virginia convictions for possessing heroin with intent to distribute fell within the definition of crimes involving “controlled substances,” thus implicating the career-offender provision of the sentencing guidelines. Background Timothy A. ...

Read More »

Government can continue forced medication of defendant (access required)

The court denied the defendant’s motion for a hearing at this stage and found, based upon a Bureau of Prisons psychiatric report, that defendant had a substantial probability of regaining competency if medicated another 120 days. Background Defendant was charged ...

Read More »