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Criminal Law

“Safety-valve” compliance attempted too late (access required)

Appellant Terrance Kevin Hall, a convicted cocaine dealer attempting to invoke Virginia’s “safety-valve provision” to evade mandatory-minimum sentencing, did not timely provide information required to do so, the court ruled. Hall was convicted of three counts of distribution of cocaine ...

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Hearing Period’s Expiration Doesn’t Warrant Dismissal (access required)

The Supreme Court affirmed Appellant Joseph Boyd Rickman’s civil-commitment order, even though the required probable-cause hearing took place outside the statutory hearing timeframe. In contemplation of Rickman’s impending release from custody on numerous child sex-crime convictions, the Commonwealth petitioned to ...

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Police Use of File-Sharing Software Not an Unreasonable Search (access required)

The court of appeals upheld the conviction of Appellant Matthew John Stickle, whose possession of child pornography was discovered through the use of a P2P file-sharing program tailored for law enforcement use. Lt. Scott Little, a district coordinator for the ...

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Supervised Release – Continuation Post-Revocation – Successive Revocations – Maximum Sentence (access required)

Revocation of defendant’s supervised release did not terminate his supervised release, so the district court had jurisdiction over a violation report filed while defendant was serving his one-month revocation sentence. Furthermore, the 60-month maximum for a term of supervised release ...

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Appeals – Untimely – First Impression – Sua Sponte Dismissal (access required)

It is the government’s responsibility to raise the issue of the untimeliness of a defendant’s appeal; however, the defendant in this case had already pursued collateral review before he filed his direct appeal more than three years late. This is ...

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