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Tag Archives: Criminal

Va. Cir.: No prejudice resulted from plea agreement withdrawal (access required)

Despite the defendant’s previous waiver of a preliminary hearing related to drug charges against him, he was not entitled to enforcement of an alleged oral plea agreement with a new prosecutor in his case. Background Defendant Sophann Mao was arrested ...

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Va. Cir.: Misdemeanor conviction bars felony records expungement (access required)

Possession of marijuana with intent to distribute – a misdemeanor – is a lesser-included offense of the felony of distribution of more than half an ounce but less than 5 pounds of marijuana. A petitioner convicted of the misdemeanor was ...

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4th Cir.: Company’s agreement with feds preserved privilege for subsidiary’s disclosures (access required)

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

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4th Cir.: Court costs not a “penalty” that supports removal (access required)

An immigrant was not rendered ineligible for cancellation of removal based solely on $100 in court costs that he paid after pleading guilty to a misdemeanor. Such costs, which are not discretionary and sometimes are imposed by the court clerk, ...

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4th Cir.: MS-13 murder and related convictions upheld (access required)

Six defendants tried together were properly convicted of murder and attempted murder offenses related to their gang membership. Their convictions were upheld despite challenges to prosecutorial conduct, jury instructions, evidence admitted at trial, joint trial, access to counsel, warrantless cell ...

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EDVA: Due process requires bond hearing for long-detained immigrant (access required)

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

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