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Criminal Law

Immigration attorney convicted for distracting court conduct (access required)

Where an immigration attorney raised multiple challenges to her conviction for refusing to comply with directions from an immigration judge and a courtroom bailiff to cease distracting conduct during an immigration proceeding, the record demonstrated her conduct was sufficiently disruptive. ...

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Written threats sufficient for obstruction convictions (access required)

Where a search of appellant’s jail cell revealed his notes, which included threats to a woman he was charged with sexually assaulting and two investigators, this was sufficient evidence to sustain three convictions of obstructing justice. Overview Appellant was arrested ...

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Dual convictions did not violate double jeopardy (access required)

Where appellant was convicted in two different counties for felony eluding, there was no double jeopardy violation. Even though the convictions arose from the same incident, the motorists endangered were not the same in the two counties. Background In Chesterfield ...

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Firearm convictions affirmed (access required)

Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is no error in the judgment of the Court of Appeals. Howard Allen Groffel (“Groffel”) was convicted in a bench trial in ...

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Court will give jury instruction to cure ‘Brady’ violation (access required)

Where defendant moved to quash a murder indictment because of the commonwealth’s untimely disclosure of exculpatory evidence, the court will deny the motion but will give the jury an adverse inference instruction regarding the evidence. Overview Defendant Gonzalez was indicted ...

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Bond for DWI suspect was unconstitutional (access required)

The general district court’s imposition of a $2,500 cash or surety bond as a condition of defendant’s release after being arrested for driving while intoxicated was an unconstitutional application of Virginia’s statutory bail bond scheme. As a matter of discretion, ...

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