Virginia Lawyers Weekly VA Lawyers Weekly

Where a convicted sex offender was required to report his social media screennames to authorities, his First Amendment rights were not violated because the reporting requirements advanced a significant government interest and did not restrict his rights of free speech ...

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

Where gang members from rival street gangs who allegedly collaborated to facilitate a murder, several attempted murders, two assaults and other related crimes, they could be charged with using a firearm during a crime of violence because murder and attempted ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Where the judge’s comments about the defendant were in direct response to the defendant’s conduct, they did not reflect a wrongful or inappropriate prejudice. Background Walter Graves is charged in a one-count indictment with a bank robbery that occurred on ...

Tagged with: Criminal Judge Robert E. Payne U.S. District Court - Eastern District

The defendants, who persuaded their elderly victims to transfer money to the defendants based on postured romantic relationships, failed to persuade the court that the district court made errors during their trial that would have changed the outcome. Background The ...

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

While members of the Double Nine Goon Syndikate failed in their challenge to their convictions because the district court did not err in empaneling an anonymous jury, in its evidentiary rulings or in its jury instructions, four of the defendants ...

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

The defendant’s 220-month sentence was based on four prior convictions that rendered him an “armed career criminal.” Now, however, two of those prior convictions no longer qualify as violent felonies, thus requiring resentencing. Background Randall Cornette pleaded guilty to being ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Although the defendant claimed his federal gun charge could not be based on his Virginia conviction for domestic violence because he did not knowingly and intelligently waive his right to a jury trial in Virginia as required under federal statute, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where the trial court improperly excluded an expert who would have provided testimony material to the defendants’ defense, two defendants convicted of drug conspiracy charges are entitled to a new trial. Background A federal jury convicted Benjamin Galecki and Charles ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where the detective’s facially sufficient search warrant affidavit was imprecise,  but had no proof an alleged error was intentionally or recklessly false,  the drug defendant’s post-conviction challenge to the affidavit failed. Background After a jury convicted Benitez Auguarius Moody of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Because a sentencing judge who denied the victim’s request for restitution erred by not articulating how he balanced various competing factors, the victim will have another opportunity to argue he should be awarded restitution as part of the drunken driving ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee