The arguments of two defendants, members of the MS-13 street gang who were convicted in a racketeering case, that the district court made numerous evidentiary errors during the trial were rejected. In addition, claims by one of the defendants who ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Although a judge’s comments about pit bulls and dogfighting made after vivid photos and videos were presented during the sentencing of defendants convicted of dogfighting and drug-trafficking offenses were “injudicious,” they did not require recusal. Nor were the sentences procedurally ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Proffered testimony from an eyewitness expert was properly excluded because in one instance, the issue of eyewitness confidence was within the jurors’ common experience, and in another instance, the expert discussed the concept of unconscious transference but stated this did ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia

Where appellant was convicted of destroying property worth $1,000 or more in violation of Code § 18.2-137, the prosecution met its burden to show that the fair market replacement value of the property exceeded the statutory requirement. Facts Appellant Spratley ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Where the court instructed the jury that it could convict defendant of forcible sodomy and aggravated sexual battery if it found either that he overcame the victim’s will by force or because of her physical or mental capacity, there was ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where a woman sitting in a car was struck and killed by one of four shots appellant fired down a city street without justification, the necessary malice to sustain a second-degree murder conviction is implied by appellant’s actions. “The concept ...

Tagged with: Criminal Justice Cleo E. Powell Supreme Court of Virginia

Where appellant and her probation officer agreed to extend her probation indefinitely to let her complete a substance abuse rehab program, and the circuit court so ordered, she cannot attack the order as being void ab initio and thus negating ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

Where a defendant convicted in two bank fraud schemes was sentenced under an enhancement that applies when the criminal proceeds are derived from financial institutions, but the proceeds in this case came from third-party purchasers of properties, he was entitled ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Where the defendant filed his appeal 283 days after the entry of judgment, the district court’s failure to advise him of his right to appeal at his sentencing did not prevent his appeal from being dismissed as untimely. Background Kirk ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Where the plea agreement of a wire fraud defendant stipulated a loss amount corresponding to a 24-level sentencing enhancement but he was given a 26-level enhancement, he demonstrated ineffective assistance of counsel and resulting prejudice by arguing that his lawyer ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion