Virginia Lawyers Weekly VA Lawyers Weekly

A trial court did not err in convicting the defendant for driving on a suspended license on “a highway of the Commonwealth.” The underlying offense took place on a gravel roadway leading to a national forest campsite. Background Officer Ron ...

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

In convictions on two possession counts, the Commonwealth was not required to prove that the defendant knowingly and intentionally possessed two different controlled substances, heroin and fentanyl, when both substances were contained within a single capsule that appeared visually uniform. ...

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

Petitioner Darryl S. Jackson Jr. seeks a writ of habeas corpus on grounds that his trial counsel inadequately challenged the sufficiency of the evidence that he possessed a firearm as a person convicted of a felony under Code § 18.2-308.2. ...

Tagged with: Constitutional Criminal Per Curiam Opinion Supreme Court of Virginia

The defendants’ convictions for perjury regarding their response to law enforcement inquiries were not impaired by lack of proof about the exact questions they had responded to. And even though the perjury occurred at the Albemarle County Courthouse in the ...

Tagged with: Criminal Justice Elizabeth A. McClanahan Supreme Court of Virginia

Applying the U.S. Supreme Court’s recent decision in Collins v. Virginia, a warrantless arrest in an area of the suspect’s driveway beyond the walkway to the front door was within the home’s curtilage and, thus, improper under the Fourth Amendment. ...

Tagged with: Constitutional Criminal Fairfax County Circuit Court Judge David Bernhard Search & Seizure

The trial court erred in granting the defendant’s motion to suppress evidence. His resistance to the efforts to handcuff him provided probable cause to arrest for obstruction of justice, thereby legitimizing the search of his person and the bundle he ...

Tagged with: Constitutional Criminal Judge Marla Graff Decker Search & Seizure Virginia Court of Appeals

A bifurcated misdemeanor conviction for domestic violence properly served as a predicate for a felony offense tried later the same day, even though no written order or sentence had yet been rendered for the first adjudication. Background Appellant Antonio Lewis ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia

A defendant waived his right to appeal an award of $100,000 restitution to his child victim, but the district court’s reasons for denying restitution to other, non-contact victims contradicted U.S. Supreme Court precedent. Background Appellant Mario Dillard used computer programs ...

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

Considering revocation of the defendant’s supervised release, the district court correctly determined that it lacked jurisdiction to rule on the defendant’s challenge to the constitutionality of his underlying sentence. And based on the nature of the defendant’s threats to his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III Sentencing

After prevailing on a prior motion under 28 U.S.C. § 2255, the defendant was resentenced but improperly designated as a career offender. Because the incorrect designation led to application of the wrong version of the Guidelines Manual, resentencing is required. ...

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