Virginia Lawyers Weekly VA Lawyers Weekly

People for the Ethical Treatment of Animals Inc. had standing to challenge how a zoological park was treating eight animals because the park’s conduct led the group to submit complaints to government agencies, compile and publish information about its treatment ...

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

A defendant convicted of distributing oxycodone and cocaine and possession of firearms who received three 300-month sentences under 18 U.S.C. § 924(c), had his total 1,020-month sentence reduced to 300 months because the stacking of the 924(c) 25-year sentences, and ...

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

Testimony from the defendant’s former roommate, and well as evidence from coconspirators, supported the conclusion in the presentence report that the defendant’s methamphetamine-related conduct involved more than 4.5 kilograms of Ice methamphetamine. Background James Skyler Sebastian pleaded guilty without a ...

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

Where the police stopped the defendant believing him to be another man for whom a warrant was outstanding, but the stop was based on a “hunch” and there was no objectionable reasonable basis for it, drugs found on the defendant ...

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

Where law enforcement officers for more than an hour ignored the reason for the traffic stop—that the window tint appeared too dark— and instead pursued their unsubstantiated conjecture that the defendant was involved in drug trafficking, evidence obtained during the ...

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

Where a defendant who pleaded guilty to being a felon in possession of a firearm failed to show how he was prejudiced from the court’s failure to communicate the knowledge requirement for the 18 U.S.C. § 922(g) charges, his habeas ...

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

Where the former jail superintendent refused to allow an inmate who was beaten by other prisoners to be hospitalized and failed to take steps to stop the abuse, even though he was on notice the inmate could suffer further bodily ...

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

Although the initial appearance and arraignment in a capital case were postponed because of COVID-19 concerns, the case will not be delayed until vaccines are generally available or because there might be a favorable change to the federal death penalty ...

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

Where appellant was convicted of robbing two convenience stores several hours apart, the trial court correctly rejected his defense that appellant was merely just present at the scene of each robbery. Overview Appellant Winfield drove Bailey to two different convenience ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Appellant is not entitled to habeas corpus relief based on counsel’s failure to object at trial that appellant’s multiple convictions based on identical indictments violated his double jeopardy rights. Overview Appellant Dodd was convicted of three counts each of forcible ...

Tagged with: Habeas Corpus Supreme Court of Virginia