Virginia Lawyers Weekly VA Lawyers Weekly

Where an affidavit submitted in sup­port of an application for a search war­rant omitted critical information, includ­ing that controlled buys were made by two separate confidential informants and any information about the reliability of the informants, and the omitted informa­tion ...

Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the circuit court entered a writ­ten conviction order after finding appel­lant guilty of grand larceny and possess­ing burglary tools, the court erred by later determining that he was entitled to a deferred disposition under Starrs v. Commonwealth, 287 Va. ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Appellant’s statement to a police de­tective, “Hey, can you call my wife to tell her to call my lawyer for me?” was not a clear and unambiguous assertion of his right to counsel. The trial court properly denied his motion ...

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

There are two reasons why the circuit court erred when it found that appel­lant violated his probation by not paying restitution. First, the court revoked his suspended sentence for a conviction for which restitution was not ordered. Sec­ond, with respect ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where defendant pleaded guilty to pos­sessing heroin with intent to distribute in the city of Fredericksburg, a later charge of possessing heroin with intent to dis­tribute, second offense, in Spotsylvania County did not violate double jeopardy principles. Defendant complains that ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

In a case of first impression, the term “another person” in the federal aggravated identity theft statute was held to include deceased victims of identity theft, based on the plain language of the statute, its context and legislative history. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where a defendant charged with kidnapping and other counts who was previously found incompetent to stand trial and refused to take oral medication for diagnosed schizophrenia, an antipsychotic regimen of injected drugs was ordered, as it would likely relieve his ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District