Virginia Lawyers Weekly VA Lawyers Weekly

Prior convictions involving the defendant’s exposing himself to the significantly younger minor child of a female acquaintance while using a vehicle to facilitate the offense was admissible as proof of his propensity to commit the crime charged. Background On July ...

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

Where a judge failed specifically to ask jurors whether they had seen a newspaper article, published two days before the they began deliberating, that included a headline indicating the judge had described the defendant as “not a truthful person,” the ...

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

Although the defendant’s original plea agreement mistakenly sentenced him as an armed career criminal, it was not necessary to reduce his sentence on the other counts as the sentence given on those counts still upheld the benefits the defendant bargained ...

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

Defendant was properly designated as a sexually dangerous person despite not being diagnosed with a paraphilic disorder because his diagnosis of a mixed personality disorder and an alcohol use disorder satisfied the statute’s mental illness requirement and the government sufficiently ...

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

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The court rejected a defendant’s claim there was inadequate corroboration of his extrajudicial confession, finding his confession was corroborated by admissions to his wife, his conduct and the testimony of a forensic nurse. To the extent the trial court erred ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The court affirmed a man’s conviction for distribution of Oxycodone and rejected his claim of ineffective assistance of counsel, finding that although his attorney was twice temporarily suspended while his case was pending, he was afforded licensed counsel at every ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

A five-year sentence for using a firearm in the commission of a felony is void ab initio because the applicable statute provides for a three-year sentence. Defendant is entitled to resentencing. Resentencing Custis was convicted of robbery, being felon in ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Through expert testimony, documentary evidence and testimony from the physician’s own employees, the government established a physician prescribed controlled substances without a legitimate medical purpose. The court denied the physician’s motions for acquittal and a new trial. Background A jury ...

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

A man’s conviction for murder and use of a firearm during a crime of violence was proper as he admitted struggling with three Pentagon police officers, grabbing one of their weapons and firing at the officers, one of whom died ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District