Virginia Lawyers Weekly VA Lawyers Weekly

In considering the sentence of a man who pleaded to conspiring to distribute and possess AB-FUBINACA, the court relied on two pharmacologists with the Drug Enforcement Administration to find the drug was more closely related to tetrahydrocannabinol, or THC, than ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

A 75-year old inmate with a compromised immune system and no history of violent crime was granted early compassionate release from FCI Butner, which experienced a “devastating outbreak of COVID-19.” He was ordered to self-quarantine for 14 days and work ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District

An individual found guilty for his role in arsons, as part of a scheme to commit insurance fraud, failed to show his motion to sever was improperly denied. Because there was sufficient evidence to support the arson and money laundering ...

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

Even though the circuit court did not articulate its reasons for denying appellant bond in this juvenile matter, the ruling is affirmed based on our required review of the record. Prior proceedings Appellant Barnes was arrested when he was a ...

Tagged with: Criminal Virginia Court of Appeals

Where appellant argues the circuit court “‘lacked subject matter jurisdiction’ when it tried him without a jury[,]” even assuming the court erred by conducting a nonjury trial, it did not conduct “a proceeding for which it ‘lacked subject matter jurisdiction.’” ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where appellant was convicted of destroying public records when she made notations on several pages of the court clerk’s file on her divorce case, the trial court correctly ruled that the commonwealth did not have to prove appellant acted with ...

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

A hunter lost his bid to upset his conviction for hunting migratory birds over a baited area because the record showed he was an experienced hunter, knew the hunting area was baited, likely visited the area while it was baited ...

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

Where defendant is charged with sexually abusing his two stepdaughters and has demanded separate jury trials, the court clarifies its prior ruling and holds that all of the charges against defendant involving one of his stepdaughters can be tried at ...

Tagged with: Criminal Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

A sentencing enhancement for use of a dangerous weapon in an assault on law enforcement officers could not be based on the defendant’s attempted but unsuccessful use of his teeth and skull to bite and “head butt” the police. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where police searched appellant and discovered a gun, the trial court correctly suppressed it because the police had nothing more than a suspicion that he was carrying a concealed weapon. “There were no indicia of criminality perfected in this appeal ...

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