Virginia Lawyers Weekly VA Lawyers Weekly

A man who initiated a gun fight with a law enforcement officer, apparently while under the influence of alcohol and marijuana, unsuccessfully challenged the trial court’s evidentiary rulings and accepted jury instructions. Background David Frizzell appeals his convictions for attempted ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Unpublished Opinion Virginia Court of Appeals

When the search of a driver who’d appeared nervous and fidgety produced a digital scale with apparent cocaine residue on it, the circumstances supported probable cause for officers to search his vehicle, where they found drugs and a handgun. Background ...

Tagged with: Constitutional Criminal Justice Elizabeth A. McClanahan Search & Seizure Supreme Court of Virginia

A warrant to search Paul Manafort’s Alexandria condo and to seize various electronic devices and media related to his bank and tax fraud offenses was constitutional on its face and constitutionally executed. Background At issue in this multi-count bank and ...

Tagged with: Constitutional Criminal Judge T.S. Ellis III Search & Seizure U.S. District Court - Eastern District

A defendant convicted of various conspiracy charges related to his involvement with violent jihad groups overseas successfully challenged certain convictions via a § 2255 motion, arguing that offenses invoking the use of force under 18 U.S.C. § 924 lacked proper ...

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

Under recent U.S. Supreme Court precedent, a defendant convicted in a mortgage fraud conspiracy could not be ordered to forfeit the total amount of losses from the conspiracy – over $1.5 million – when she personally had received only $231,000 ...

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

In calculating appropriate restitution to be paid by a video-game thief, the district court erred in accepting the victim’s unsubstantiated estimate of replacement costs, rather than requiring evidence on fair market value. Background Appellant Dominic Steele was convicted of postal ...

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

In a grand larceny trial relating to stolen jewelry, printouts from LeadsOnline, which stores resellers’ purchase records for cooperation with law enforcement agencies, were admissible under the business-records exception to the hearsay rule. Background Appellant Joseph Melick was convicted in ...

Tagged with: Criminal Evidence Hearsay Judge Wesley G. Russell Jr. Virginia Court of Appeals

Despite the defendant’s probation violations, the circuit court lacked jurisdiction to reinstate his previously suspended prison time after the suspendion period had elapsed. Background On December 14, 1993, Green pleaded guilty to one count of felony arson. The trial court ...

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

A defendant who’d agreed to plead guilty to murder could not withdraw his plea, fairly negotiated, based on the subsequent discovery of a witness with potentially exculpatory testimony. Background Appellant Franklin Thomason was at his home with his girlfriend and ...

Tagged with: Criminal Judge Robert J. Humphreys Sentencing Virginia Court of Appeals

In prosecuting a security worker who used a Taser to commit sexual battery, the Commonwealth did not need to prove it was a “deadly” weapon, only that it was a “dangerous” one. Evidence of the victim’s injuries satisfied that burden. ...

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