Free Newsletter
Virginia joins coalition pushing for cellphone jamming in prisons
Virginia joins 23 states urging the Federal Communications Commission to allow cellphone jamming in prisons to stop contraband phone use.
Search and Seizure: Cellphone search was lawful
Where a man argued his Fourth Amendment rights were violated when his probation officer directed him to return home, so he would be present while law enforcement executed a warrant, which allowed the government to seize and search his cellphone, his argument was rejected.
Criminal: Murder defendant’s sentence reduced from life to 480 months
Where there was a gross disparity between the defendant’s sentence and the sentences his co-defendants served, coupled with a broad trend toward lower sentences for individuals convicted of murder, this constituted extraordinary and compelling reasons to reduce the defendant’s sentence from a term of life to 480 months.
Prisons: Relatives’ medical issues aren’t sufficient for compassionate release
Where an inmate moved for compassionate release because he might be a suitable kidney donor for his half-brother and because his uncle is suffering from Alzheimer’s disease, but he failed to sufficiently prove the factual basis for these assertions, his compassionate release motion was denied.
Search and Seizure: Search of defendant’s underwear wasn’t unlawful
Where an officer retrieved a bag of drugs from the defendant’s underwear, the trial court did not err when it held the search was legally and factually reasonable.
Jury and jurors: Juror was improperly seated in criminal trial
Where a juror affirmatively stated that “[i]t would be very hard” for her to fairly and impartially decide the case based on all the evidence and would be inclined to convict based on defendant’s prior convictions alone, and the voir dire in its entirety did not establish that she could set aside her fixed opinion, the trial court erred by seating her on the jury.
Criminal: Admission of gang membership evidence was not erroneous
Where testimony about the defendant’s gang membership was offered not as propensity evidence but rather for its legitimate probative value which, here, outweighed the risk of unfair prejudice, the trial court did not err in admitting it.
Criminal: Defendant waived ability to challenge marijuana abstention condition
Where the defendant did not object when the trial court imposed a special condition of probation requiring him to abstain from the use of marijuana, and did not file any written objections or post-hearing pleadings contending that the trial court improperly made this condition, his appeal on this issue was dismissed. The Court of Appeals will not consider an argument on appeal which was not presen[...]
Criminal: Anonymous jury convicts man for sending threatening letters
Where a man who was convicted of mailing threatening letters to a prosecutor and investigator challenged the use of an anonymous jury, his challenge was rejected. The district court pointed to his previous attempts to interfere with the judicial process, his previous threats to harm those involved in his prosecution, the potential for a lengthy prison term and the potential for the jury to face ha[...]
Criminal: Sentencing enhancement wasn’t supported by required factual finding
Where the district court applied a sentencing enhancement for causing at least one victim to make sexually explicit videos after and in response to the defendant’s request, but it made no factual finding supporting this enhancement, the sentence was vacated.
Criminal: Court refuses to enforce appeal waiver
Where the district court failed to inform the defendant of the terms of the appeal waiver, mischaracterized the plea agreement’s material terms and failed to ensure the defendant understood the meaning of the appeal waiver, this court refused to enforce the appeal waiver.
Criminal: Defendant’s arguments foreclosed by appeal waiver in plea agreement
Where the defendant knowingly and intelligently waived his right to appeal his conviction and sentence, the appeal wavier was valid and enforceable and foreclosed the issues raised by the Anders brief and defendant’s pro se brief.
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Verdicts & Settlements
- Negligence and Tort – E-bike collision leads to neck injury, psoriasis flare
- Motor Vehicle Negligence – ‘Daydreaming’ driver hit plaintiff walking by road
- Motor Vehicle Negligence 92-year-old dies after being hit by vehicle
- Motor Vehicle Negligence – Motorcyclist suffers severe injuries in vehicle accident
- Medical Malpractice – Patient dies after alleged improper medicine admin
Opinion Digests
- Employment – Multiple discrimination claims are dismissed with prejudice
- Commercial – Rental company denied TRO in dispute with Norfolk Airport Authority
- Banks and banking – Court dismisses EFTA claim in fraud victim’s complaint against bank
- Employment – Disability discrimination claim is dismissed
- Copyright – Copyright registrations didn’t extend to interior spaces
- Tort – Suit alleges data center construction is private nuisance
- Civil Procedure – Non-diverse suit remanded to circuit court
