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Criminal Law

Felon’s ammo possession conviction is upheld (access required)

The Court of Appeals correctly determined there was sufficient evidence to find that defendant, a convicted felon, violated Code § 18.2-308.2(A) by constructively possessing shotgun shells found in his pickup truck. Overview Police officers searched appellant Hodnett’s residence and found ...

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Sentence reduction motion tolled statute for habeas (access required)

A criminal defendant’s petition for habeas corpus relief was timely because his state court motion to reduce his sentence constituted an application for collateral review under Antiterrorism and Effective Death Penalty Act that tolled the statute of limitations during its ...

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Speedy trial delay excused based on attorney’s proffer (access required)

Where a judge granted a continuance because a material witness’s medical condition prevented him from attending trial, proof of the condition is not required to excuse the delay for speedy trial purposes. A proffer from the commonwealth’s attorney that the ...

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Any inconsistencies in testimony not enough for reversal (access required)

The conviction of a defendant who denied sexually assaulting his daughter and disputed other aspects of her testimony was affirmed because the defendant failed to cite any legal authority to support his argument that these discrepancies rendered the evidence insufficient ...

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