Virginia Lawyers Weekly VA Lawyers Weekly

Using flex-cuffs to detain defendant during execution of a search warrant for illegal alcohol sales at a “nip joint” did not constitute an unreasonable use of force under the Fourth Amendment, and a Norfolk U.S. District Court denies defendant’s motion ...

Tagged with: Judge Robert G. Doumar Search & Seizure U.S. District Court - Eastern District

As defendant procedurally defaulted on his claim that he did not have the requisite prior convictions to be sentenced as a “career offender,” a Norfolk U.S. District Court denies his 28 U.S.C. § 2255 motion for a sentence reduction. Defendant ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

The Court of Appeals affirms defendant’s conviction for felon possession of a firearm based on evidence defendant owned and knew the location of the gun used to shoot from a car he occupied as a passenger with two others. A ...

Tagged with: Criminal Judge Jere M.H. Willis Jr. Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial conviction for felon firearm possession based on evidence he was passenger in a car found to contain both crack cocaine and a gun:  cocaine is probative of intent to possess a gun ...

Tagged with: Criminal Judge Jere M.H. Willis Jr. Virginia Court of Appeals

Defendant cannot set aside his bench trial convictions for bigamy and perjury by asserting a new theory of inadmissibility for another state’s marriage record, the Court of Appeals says:  defendant did not raise his argument under Va. Code § 8.01-390(A) ...

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

Defendant cannot withdraw her guilty plea based on misunderstanding the three strikes rule, the Court of Appeals says; defendant’s arrest warrant expressly charged a felony offense and defendant admitted stealing the items, and no manifest injustice appears as required for ...

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

Defendant is not entitled to reversal of his grand larceny convictions for stealing cigarettes from two convenience stores based on warrantless use of a GPS in violation of U.S. v. Jones,  132 S. Ct. 945 (2012), the Court of Appeals ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

The Court of Appeals affirms a science teacher’s jury trial convictions for possessing child pornography, electronically soliciting sex and exposing her breasts to a minor; the evidence proved teacher and student began sexting after the school year ended until victim ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

A Hanover Circuit Court says a petitioner who claims his lawyer did not advise him about possible immigration consequences when he pleaded guilty to certain crimes in 2003 cannot pursue relief in a petition for a writ of coram vobis. ...

Tagged with: Criminal Hanover County Circuit Court Judge J. Overton Harris Virginia Circuit Courts

A defendant convicted for possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B) who then was convicted for production of child pornography using images of a girls soccer team that had supported the federal conviction, loses his state habeas challenge ...

Tagged with: Criminal Fairfax County Circuit Court Judge Leslie M. Alden Virginia Circuit Courts