Virginia Lawyers Weekly VA Lawyers Weekly

Where a provision of the sentencing manual is not binding on a court considering a compassionate release motion, it was error for the district court to deny the defendant’s First Step Act motion for release, based on the “threshold requirements” ...

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

The police paraphernalia and equipment discovered in appellant’s Crown Victoria police interceptor model after he was seized was properly admitted at his trial for impersonating a police officer. The evidence was relevant to his intent. His conviction is affirmed. Overview ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

The commonwealth’s evidence established that a sexual assault victim was mentally incapacitated and physically helpless when appellant assaulted her at a college fraternity party. Legal standard “[E]ach of the offenses in this case – rape, forcible sodomy, and animate object ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

The commonwealth presented sufficient evidence from which the jury could conclude that appellant shot the victim and did so with premeditation. Appellant’s first-degree murder conviction is affirmed. Overview Timothy Croskey, the murder victim, lived with his mother, Tracey Croskey. The ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

The trial court correctly ruled that a witness’s statements at trial, which appellant challenged as hearsay, were admissible. The statements were not hearsay because they were not “offered for their truth.” Overview Appellant Davis was indicted for murder, conspiracy to ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted of grand larceny of a motor vehicle, the trial court’s restitution order must be reduced on remand. The car dealership did not itemize some of the claimed expenses to recover the vehicle. Overview On May 25, ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Appellant’s conviction for driving on a suspended license, fifth offense, is reversed. The prosecution has conceded that appellant lacked sufficient notice that her license was suspended when she committed the offense. Prior proceedings In July 2016, a police officer made ...

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

Where defendant was indicted on four counts of raping a child less than 13 years old, and the commonwealth later amended the first two counts to aggravated sexual battery, the court rejects a plea agreement that allowed defendant to plea ...

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

Where the defendant was sentenced to 51 months in prison after violating the terms of his supervised release, his motion for early release due to Covid after serving less than half of his sentence was denied because of his serious ...

Tagged with: Criminal Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a defendant seeking compassionate release due to Covid previously violated the conditions of his supervised release by committing additional crimes, including possession with intent to distribute and possession of a firearm by a convicted felon, his motion was denied. ...

Tagged with: Criminal Judge Roderick C. Young U.S. District Court - Eastern District