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Criminal Law

CAV: No need to prove knowledge of each drug in mixture (access required)

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. ...

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Va. Cir.: Applying new SCOTUS precedent, rear driveway was within curtilage (access required)

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. ...

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CAV: Terry stop resistance supported probable cause (access required)

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 ...

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SCV: Bifurcated, same-day conviction was felony predicate (access required)

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 ...

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4th Cir.: Non-contact child porn victims entitled to restitution (access required)

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 ...

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4th Cir.: Revocation hearing no vehicle to attack sentence (access required)

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 ...

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4th Cir.: “Career offender” designation was error (access required)

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. ...

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