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Criminal Law

4th Cir.: Feds could use artist promo photo for ID array (access required)

The government didn’t violate due process by showing a kidnapping victim a photo array with the defendant’s image cropped from his music group’s promotional poster, which the victim had seen before. Background In the summer of 2012, two U.S. citizens ...

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CAV: Request to “see” pill bottle included its contents (access required)

When a citizen conversing voluntarily with police gave them the unlabeled pill bottle in his pocket, he consented to inspection of both the outside and inside. The trial court erred in suppressing the contents. Background At around 10:30 p.m. on ...

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CAV: Defendant relied on “police officer” at his peril (access required)

Evidence was sufficient to uphold the defendant’s conviction for failing to provide required identifying information after causing an auto accident. The defendant claimed that he didn’t talk to the other driver because she was “hysterical” and instead gave the appropriate ...

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CAV: Failure to follow police commands justified seizure (access required)

Despite officers shouting at the defendant to put his hands up, he wasn’t seized for Fourth Amendment purposes until they physically removed him from his car. Because the seizure was justified by concern that the defendant was concealing a firearm, ...

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CAV: No “similar” offense needed for “sexually violent” label (access required)

Because the defendant had been required by the State of Idaho to register with the state’s sex-offender and crimes-against-minors registry, Virginia law classifies him as a sexually violent offender who must re-register every 90 days. Background In 2004, Appellant Thomas ...

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CAV: Probation could be delayed pending unrelated jail time (access required)

The trial court did not err in abating the defendant’s probation term during her active incarceration for an unrelated crime, without following the notice and hearing requirements of Code § 19.2-304. Background On May 31, 2013, Appellant Lanikki Edwards entered ...

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EDVA: Habeas petitioner shows ineffective assistance (access required)

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

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