Virginia Lawyers Weekly VA Lawyers Weekly

Although a defendant was not aware that the victim had undergone Eye Movement Desensitization and Reprocessing therapy until after his trial was completed, he was not entitled to a new trial based on after-discovered evidence because the victim had been ...

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

Police officers did not coerce a defendant’s confession when they arrested him immediately upon his discharge from the hospital and began their questioning shortly after he had taken pain medication. Background On Dec. 27, 2015, Andre Marquise Harris was admitted ...

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

An officer had probable cause to conduct a full search of a defendant during a traffic stop where the defendant, and the vehicle he was in, smelled of marijuana, a police alert indicated that the defendant could be armed, and ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Where a police officer, after fatally wounding a shoplifting suspect, told a store loss-prevention officer, “I need you as a witness. It’s my second one[,]” his voluntary manslaughter conviction is affirmed because he did not challenge the Court of Appeals’ ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where a juror had to be excused after expressing fear that she would be retaliated against if she found the defendants guilty, the other jurors, who confirmed their ability to be fair and impartial, were not tainted, and the defendants ...

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

A 30-day sentence imposed after a defendant validly waived his right to counsel on a misdemeanor charge was properly included in the calculation of defendant’s criminal history score under the Sentencing Guidelines. Background On Aug. 8, 2017, a federal grand ...

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

A district court did not err in admitting a police officer’s photographs of a drug transaction, or a call between defendant and an informant, because the evidence was properly authenticated and sufficiently reliable. Although the jury refused to convict of ...

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

A defendant was entitled to be resentenced where his base level offense was increased after the trial court incorrectly concluded that his prior conviction for assaulting, beating or wounding a law enforcement officer while resisting arrest constituted a crime of ...

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

A crime victim who assisted the commonwealth in the criminal prosecution against his assailant will himself be retried for making threats against the assistant commonwealth’s attorney and a police detective. The question is whether his purpose in making the threat ...

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

Where a defendant did not contest the fact that he unlawfully entered the home of another and the homeowner testified that money she left on her dresser was missing after the break-in, the defendant’s conviction was proper because it could ...

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