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Criminal Law

4th Cir.: Longtime resident removable based on old drug offense (access required)

After a trip to his native U.K., a lawful permanent resident in the U.S. was denied admission upon his return, based on a seven-year-old conviction for conspiracy to possess with intent to distribute a controlled substance. His removal order was ...

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EDVA: Hate-crime law unconstitutional as applied to Amazon worker (access required)

An Amazon warehouse employee who beat up a coworker based on the victim’s sexual orientation couldn’t be convicted of a federal hate crime, though the jury delivered a guilty verdict. The act didn’t affect interstate commerce and, thus, was outside ...

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SCV: Miranda warning written in Spanish was effective (access required)

Evidence was sufficient to conclude that a Spanish-speaking defendant waived his Miranda rights prior to a police interview. He was given the written warning in Spanish, asked by an interpreter if he understood it, and read it back to officers. Background Detective ...

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CAV: News article on prior trial not testimonial; admissible (access required)

At a defendant’s probation revocation hearing, the circuit court properly admitted information about the defendant’s most recent convictions as reported in a news article read by the prosecutor. The article was written to inform the public, not in anticipation of ...

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4th Cir.: Juror’s voir dire omission demands further inquiry (access required)

In a habeas challenge brought by a defendant on death row for the murder of a Norfolk law enforcement officer, an evidentiary hearing is necessary to determine whether juror bias tainted the conviction. Despite a straightforward inquiry by trial counsel, ...

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CAV: Attempted capital murder conviction upheld (access required)

A man who initiated a gun fight with a law enforcement officer, apparently while under the influence of alcohol and marijuana, unsuccessfully challenged the trial court’s evidentiary rulings and accepted jury instructions. Background David Frizzell appeals his convictions for attempted ...

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SCV: Totality of circumstances justified vehicle search (access required)

When the search of a driver who’d appeared nervous and fidgety produced a digital scale with apparent cocaine residue on it, the circumstances supported probable cause for officers to search his vehicle, where they found drugs and a handgun. Background ...

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EDVA: Devices reasonably seized from Manafort condo (access required)

A warrant to search Paul Manafort’s Alexandria condo and to seize various electronic devices and media related to his bank and tax fraud offenses was constitutional on its face and constitutionally executed. Background At issue in this multi-count bank and ...

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