Virginia Lawyers Weekly VA Lawyers Weekly

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

Tagged with: Constitutional Criminal Judge David W. Lannetti Norfolk Circuit Court Search & Seizure Virginia Circuit Courts

No Virginia precedent sets forth specific types of evidence that must be proven to show lascivious intent in a sexual battery case. Such intent may be proven with any evidence that establishes such intent beyond a reasonable doubt. Background Four-year-old ...

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

A defendant’s constitutional right against double jeopardy was not violated by her convictions for both felony murder and felony hit-and-run. Background One morning in September 2014, a woman later identified as Defendant Sarah Flanders drove a red Dodge Durango onto ...

Tagged with: Constitutional Criminal Fifth Amendment Judge Rudolph Bumgardner III Virginia Court of Appeals

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

Tagged with: Constitutional Criminal Immigration Judge Leonie Brinkema U.S. District Court - Eastern District

The government obtained valid consent to enter a storage unit containing Paul Manafort’s business documents, obtained a valid warrant to seize some of the documents, and properly executed the warrant. Background On May 26, 2017, Special Agent J. Pfeiffer interviewed ...

Tagged with: Constitutional Criminal Judge T.S. Ellis III Search & Seizure U.S. District Court - Eastern District

A serial killer, sentenced to death under North Carolina law, did not have a constitutional right to inform his sentencing jury that he was ineligible for parole. This right, which accrues when the prosecutor points to the defendant’s future danger ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris Sentencing

Despite the defendant’s previous waiver of a preliminary hearing related to drug charges against him, he was not entitled to enforcement of an alleged oral plea agreement with a new prosecutor in his case. Background Defendant Sophann Mao was arrested ...

Tagged with: Contract Criminal Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Possession of marijuana with intent to distribute – a misdemeanor – is a lesser-included offense of the felony of distribution of more than half an ounce but less than 5 pounds of marijuana. A petitioner convicted of the misdemeanor was ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

An immigrant was not rendered ineligible for cancellation of removal based solely on $100 in court costs that he paid after pleading guilty to a misdemeanor. Such costs, which are not discretionary and sometimes are imposed by the court clerk, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Immigration Judge James A. Wynn Jr.

Six defendants tried together were properly convicted of murder and attempted murder offenses related to their gang membership. Their convictions were upheld despite challenges to prosecutorial conduct, jury instructions, evidence admitted at trial, joint trial, access to counsel, warrantless cell ...

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