Free Newsletter
Sentencing court can consider restrictions on sex offenders’ internet use
Where the sentencing court denied a defendant’s motion to modify eight of his supervised-released conditions because he provided no basis for modification, but two of the conditions, involving restrictions on a sex offender’s internet use, were altered by subsequent Supreme Court and Fourth Circuit decisions, the district court had jurisdiction to consider his challenge to […]
Defendants’ honest services fraud convictions vacated
Where defendants were charged with paying an insurance commissioner to swap the person regulating one of their companies, and the district court instructed the jury that “the removal or replacement of a senior deputy commissioner by the commissioner would constitute an official act,” but this determination should have been made by the jury and the […]
Israel-based fraudster fails to dismiss wire fraud charges
Where the defendant argued that wire fraud convictions for her role in a $100 million fraud scheme should be vacated because the scheme was devised and carried out in Israel, her argument was rejected. The statute’s focus is on the use of the wire — not the underlying fraudulent scheme — so the conviction based […]
Trial court must reconsider sentence
Where the trial court imposed a life sentence and issued a $100,000 fine to appellant after his plea-based conviction for aggravated malicious wounding, the trial court should have granted appellant’s motion to reconsider. The circuit court erred when it determined appellant failed to prove any mitigating circumstances. Further, the court should have considered appellant’s evidence […]
No jurisdiction without final conviction
Where the appellant seeks to challenge the circuit court’s ruling that it lacked jurisdiction over a general district court’s order granting the commonwealth’s motion to nolle prosequi charges lodged against appellant, the Court of Appeals lacks jurisdiction to review the matter. “As regards this appeal, [appellant] Forness has not been convicted of anything in any […]
Words alone do not constitute assault
Where appellant, while seated in her car, told the man with whom she was arguing that “You live here. You’ll die here. I’ll burn this bitch down,” these words alone, unaccompanied with an overt act, are insufficient to support an assault conviction. Trash talk Harvey, the appellant in this case, was at the receiving end […]
Variance between indictment and evidence not fatal
Where appellant’s indictment charged that he abducted a mother and her child, there was not a fatal variance between the indictment and the evidence presented at trial. The commonwealth was not required to prove that appellant abducted both individuals. Legal standards “Brown argues … that there was a fatal variance between the allegations in the […]
Sufficient evidence that appellant possessed drugs
There was sufficient evidence to conclude that controlled substances found on the side of the road came from the appellant’s vehicle. His convictions for possession with intent to distribute narcotics are affirmed. Credibility contest “‘To convict a defendant of illegal possession of an illicit drug, the Commonwealth must prove either actual or constructive possession by […]
Circumstantial evidence identifies perpetrator
There was sufficient circumstantial evidence that appellant, and not someone else, committed the crimes that form the basis of his convictions. Sufficient evidence “Frink was convicted of seven offenses: wearing a mask in public, two counts of use of a firearm in a threating manner while committing a felony, abduction, robbery, possession of a firearm […]
Evidence properly admitted in weapons prosecution
Where appellant was convicted of possession of a firearm by a convicted violent felon and carrying a concealed weapon, the police did not violate the Fourth Amendment when they approached his vehicle, which was parked in the middle of the road with its lights on, the engine running, the passenger door slightly open and the […]
Evidence established criminal intent in sex abuse case
Where the appellant was convicted of aggravated sexual battery, there was sufficient evidence of his criminal intent. Moreover, the trial court did not abuse its discretion by crediting the complaining witness’s testimony. Overview E.Z., the 11-year-old complaining witness, claimed that her grandfather, appellant Diaz, molested her in her bedroom following a family New Year’s Eve […]
Complaining witness was credible in assault case
Where appellant was convicted of misdemeanor assault, the court properly rejected appellant’s version of the events and instead found the complaining witness testified credibly about the incident. Background Appellant rented a room in a house owned by Nozary, the complaining witness. Appellant owed rent. Nozary told him he needed to pay or leave. Nozary told […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Loading ...