Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Immigration Judge G. Steven Agee

Evidence was sufficient to convict a former Norfolk city councilman who had been involved in numerous quid pro quo relationships with local developers for many years. The district court also did not err in declining to grant a new trial. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

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 ...

Tagged with: Constitutional Criminal Judge John A. Gibney Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Constitutional Evidence Fifth Amendment Justice S. Bernard Goodwyn Supreme Court of Virginia

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 ...

Tagged with: Constitutional Evidence Judge Richard Y. AtLee Jr. Sentencing Virginia Court of Appeals

In arguing that the Commonwealth struck black jurors based on their race, defense counsel did not fully put the issue of pretext before the trial court. Where the trial court did have the opportunity to consider pretext, its observation of ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Stephanie Dawn Thacker

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 ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Unpublished Opinion Virginia Court of Appeals

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 ...

Tagged with: Constitutional Criminal Justice Elizabeth A. McClanahan Search & Seizure Supreme Court of Virginia

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 ...

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