Virginia Lawyers Weekly VA Lawyers Weekly

The record shows the trial court based its upward departure in sentencing a Maryland man who pleaded guilty to possession of heroin on the “heroin epidemic” and not on the defendant’s race or other impermissible considerations. The trial court, therefore, ...

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

Even if the initial seizure of defendant was improper, the evidence linking him to the firearm that was legally seized and not the result of that stop was improperly suppressed by the trial court. Background On Sept. 2, 2017, Richmond ...

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

The fact that defendant was driving the vehicle where the drugs were found in plain view, that he attempted to elude officers and that he fled on foot all supported his convictions for possession of cocaine and marijuana. Background Newport ...

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

The police had probable cause to make an arrest, but because the defendant was  arrested within the curtilage of his home and there were no exigent circumstances, the trial court did not err in finding the circumstances did not support ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Although a man yelled at a woman and banged on her car window after he swerved his vehicle into hers, there was sufficient context to conclude he was not providing his name, address, license number and vehicle registration “forthwith” to ...

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

In dismissing a direct appeal, the court noted that because a trial judge granted the defendant the relief he requested, it was up to the Department of Juvenile Justice to comply with the judge’s order, so the defendant’s grievance was ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

In denying a defendant’s motion to suppress, the trial judge appropriately found that a warrantless seizure of heroin in the defendant’s car was supported by probable cause under the plain view exception to a warrant requirement. Background On May 27, ...

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

In granting summary judgment to the defendants, the court found that a former inmate’s claims against correction facility officials that he was denied medical treatment and subject to abuse and lack of due process while incarcerated were time-barred and that ...

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

A Honduran man had his illegal reentry charge dismissed after a judge found that material defects in a 2002 order requiring him to appear for an immigration hearing were sufficient for him to successfully challenge his deportation order. Background Ramos-Delcid ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

The defendant in an espionage case was entitled to the return of items of personal property that contain no classified information, but the government was not required to return photos, videos and documents on electronic devices that were subject to ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District