Virginia Lawyers Weekly VA Lawyers Weekly

In the trial of two defendants charged with producing “spice,” the district court erred in denying their request for testimony by a DEA expert who had publicly opined in other cases that the defendants’ product was not analogous to a ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Evidence Judge Dennis W. Shedd

An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Immigration Judge Leonie Brinkema

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Constitutional Due Process Judge Glen E. Conrad Municipal Real Estate

The Eastern District of Virginia’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the Eastern District’s bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Allyson K. Duncan

The automobile exception to the Fourth Amendment does not permit a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked therein. Background Albemarle Police Officer McCall saw the ...

Tagged with: Constitutional Justice Sonia M. Sotomayor Search & Seizure U.S. Supreme Court

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Business Law Evidence Judge Henry F. Floyd

There was no error in a defendant’s convictions for burglary and grand larceny, despite his claim that he bought the stolen items. The jury was entitled to disbelieve his story about buying the items from an unknown woman for whom ...

Tagged with: Criminal Evidence Judge William G. Petty Virginia Court of Appeals

The court of appeals granted two petitions for writs of actual innocence, based on another person’s confession to both robberies for which the petitioner was convicted. Background In 2007, Petitioner Gary Bush was convicted in the City of Petersburg Circuit ...

Tagged with: Criminal Per Curiam Opinion Virginia Court of Appeals

A defendant on trial for falsely reporting sexual abuse to law enforcement could be tried either in the jurisdiction she was in when she made the report, if known, or in the jurisdiction to which she made the report and ...

Tagged with: Criminal Judge Teresa M. Chafin Virginia Court of Appeals

When a jury asked whether they could award “legal fees” as compensatory damages, the circuit court abused its discretion by declining to answer the question and simply telling them they had to enter a numeral on the verdict form. Background ...

Tagged with: Attorneys Fees Constitutional Per Curiam Opinion Supreme Court of Virginia