Virginia Lawyers Weekly VA Lawyers Weekly

Because a prisoner failed to file a timely objection to a continuance and agreed to a new trial date before objection, no speedy trial violation occurred. Background In June 2014, appellant was sentenced to five years in prison, with four ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

Although testimony of a scientist who found the synthetic cannabinoids in the spices made by defendants were not analogous to controlled substances would have been favorable to the defendants, his testimony was cumulative and would not have had a “reasonable ...

A jury convicted Thomas Lienau of involuntary manslaughter. The court reversed, holding it was error to not give the jury a self-defense instruction when such an instruction was requested by Lienau and supported by the facts. Background Lienau owned a ...

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

The defendant, a convicted sex offender on probation, could not use the Fifth Amendment as an excuse for lying to his probation officer about criminal conduct. Background On April 21, 2014, the defendant was indicted for feloniously using “a communications ...

Tagged with: Criminal Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

A law enforcement officer lawfully detained the defendant as he was emptying his truck on a rural road, and the appeals court upholds the denial of the motion to suppress. Background Indicted for illegal firearm possession, Steven Nestor moved to ...

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

The district court found appellants guilty of marriage fraud in connection with a scheme whereby they obtained permanent resident status for Cameroonian nationals by arranging fraudulent marriages with American citizens. The court affirmed. Background Carine Kojia Aleah Ep Mbendeke and ...

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

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty ...

Tagged with: Criminal Fairfax County Circuit Court Judge Brett A. Kassabian Virginia Circuit Courts

Pino pleaded guilty to making a false statement in connection with the purchase of a firearm. The court vacated the guilty plea, however, because the factual record did not support it since Pino had not made a false statement. Background ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Because the existing record gave the court no grounds to determine whether (1) the defendant was lawfully present in the U.S. at the time a firearm was found in his residence or (2) whether the conviction statute could satisfy Second ...

Tagged with: Criminal Judge M. Hannah Lauck U.S. District Court - Eastern District

When a defendant directed officers searching his home to a gun under the couch, he was responding to their question to his wife, not to him. Therefore, no grounds existed to suppress his voluntary statements about the gun. No other ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer