Virginia Lawyers Weekly VA Lawyers Weekly

There are two reasons why the circuit court erred when it found that appel­lant violated his probation by not paying restitution. First, the court revoked his suspended sentence for a conviction for which restitution was not ordered. Sec­ond, with respect ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where defendant pleaded guilty to pos­sessing heroin with intent to distribute in the city of Fredericksburg, a later charge of possessing heroin with intent to dis­tribute, second offense, in Spotsylvania County did not violate double jeopardy principles. Defendant complains that ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where an infant child’s guardian ad li­tem petitioned to court to have the child declared a “child in need of services” (CHINS), the JDR court’s order transfer­ring custody of the child to the DSS was the final order in the ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where the court has previously ruled that the Charlottesville City Council took actions contrary to Code § 15.2-1812, which prohibits local authorities from disturbing or interfering with war memo­rials, plaintiffs are the prevailing parties and are entitled to attorney’s fees ...

Tagged with: Charlottesville Circuit Court Civil Practice Judge Richard E. Moore Virginia Circuit Courts

In a case of first impression, the term “another person” in the federal aggravated identity theft statute was held to include deceased victims of identity theft, based on the plain language of the statute, its context and legislative history. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...

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

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge James A. Wynn Jr.