Virginia Lawyers Weekly VA Lawyers Weekly

U.S. v. Palin (VLW No. 017-2-190, 13 pp.) (Motz, J.) 16-4522; Oct. 30, 2017; USDC at Abingdon, Va. (Jones, J.) 4th Cir. Holding: Even if the district court failed to consider materiality when finding defendants guilty of health care fraud, ...

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

Parker v. Commonwealth (VLW No. 017-7-236-UP, 10pp.) (Huff, C.J.) Record No. 0303-16-1. On appeal from the Circuit Court of the City of Chesapeake (Smith, J.) Holding: Where the appellant-defendant’s Department of Motor Vehicles transcript was provided to a trooper, and ...

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

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

U.S. v. Pomrenke (VLW No. 017-3-458, 4 pp.) (Sargent, M.J.) 1:17-cr-00023; W.D. Va. Holding:  In this motion to quash subpoenas for production and testimony issued by the United States in connection with a criminal proceeding, the interests of the Judicial ...

Tagged with: Criminal Judge Pamela Meade Sargent U.S. District Court - Western District

Stinnie v. Commonwealth of Virginia (VLW No. 017-7-229-UP, 6 pp.) (Atlee, J.) Record No. 1719-16-1. Appeal from Circuit Court of the City of Hampton (Hutton, J.) Holding: Where exceptions to the right to a speedy trial include the time period ...

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

Silvious v. Commonwealth (VLW No. 017-7-230-UP, 8 pp.) (Decker, J.) Record No. 1518-16-3. Appeal from the Circuit Court of Rockingham County (Wilson, J.) Holding: Where the circuit court may have committed error in the way in which it extended the ...

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

Jones, S/K/A Jake Robert Jones v. Commonwealth (VLW No. 017-7-231-UP, 9 pp.) (Alston, J.) Record No. 0837-16-3. Appeal from the Circuit Court of Roanoke County (Swanson, J.) Holding: Where the plaintiff-appellant was convicted for misdemeanor interference with the property rights ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard

A Roanoke U.S. District Court grants the United States’ motion to dismiss defendant’s 28 U.S.C. § 2255 motion, contending that her sentence under the Armed Career Criminal Act was invalid post Johnson v. United States. In Johnson, decided in 2015, ...

Tagged with: Criminal Judge T. Rawles Jones Jr. U.S. District Court - Eastern District

A three-judge panel of the Court of Appeals, granted a petition for appeal for a defendant charged with robbery, attempted carjacking, and conspiracy to commit carjacking, it found that the trial court erred in denying defendant’s motion to strike all ...

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