Virginia Lawyers Weekly VA Lawyers Weekly

Where the district court erred by referring to statements from the defendant’s ex-wife during a sentencing hearing without balancing the parties’ interests, requiring a showing of good cause or disclosing them to the defendant, the error was harmless. The record ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Where the defendant was previously convicted of felony assault inflicting physical injury by strangulation under North Carolina law, that conviction constituted a “crime of violence” under the sentencing guidelines because it required intentional conduct, and thus matched the guidelines’ definition ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr.

Where the former executive director of the Newport News-Williamsburg International Airport challenged his convictions for federal program fraud, money laundering and perjury, but the evidence supported the vast majority of the convictions, they were affirmed. Background In 2012, Kenneth R. ...

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

Where a man used a gun to carjack a van carrying Peloton bicycles, his motion to set aside the jury convictions for Hobbs Act robbery, carjacking and use of a firearm in relation to a crime of violence were denied. ...

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

A 13-month delay between appellant’s arrest and his trial did not violate his speedy trial rights. During this period, emergency orders issued in response to the COVID-19 pandemic tolled the speedy trial statute. No violation “The appellant contends that the ...

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

Where the evidence against appellant in this petit larceny case included a “training receipt,” which the trial court admitted under the hearsay rule’s business records exception, the court reached the right result. However, the ruling is affirmed for a different ...

Tagged with: Criminal Judge Christopher Clemens Virginia Court of Appeals

Where appellant’s brief is significantly noncompliant with the court rules, “he has waived appellate consideration of his arguments.” A ruckus Appellant Lamouroux’s abduction and assault and battery convictions arise from an altercation with O’Leary, a convenience store customer. The incident ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals

There was sufficient evidence to show that the appellant constructively possessed drugs found in her purse, which was found on the floor of her car. Appellant Odell appeals her convictions for possessing LSD and possession with intent to distribute. As ...

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

Where two police officers gave credible testimony that the appellant was the person they stopped for moving violations, his convictions for identity theft and forging public documents are affirmed. Traffic stops In August 2019, Officer Dubus stopped a vehicle going ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where an indictment charged appellant with entering an occupied home with intent to commit larceny or arson, his burglary conviction is reversed because the prosecution did not prove the intent requirement. Overview Appellant broke into Foster’s home around 5 am ...

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