Where an expert testified that febrile seizures did not cause the death of the defendant’s child, and the defendant had the means, motive and opportunity to intentionally cause the child’s death, the defendant was properly convicted of capital murder even ...

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

The court will grant a petition for a writ of actual innocence based on biological evidence after considering records and evidence from the original trial, newly discovered DNA evidence and additional factual proffers from petitioner and the Commonwealth. Overview Scott ...

Tagged with: Criminal Justice S. Bernard Goodwyn Supreme Court of Virginia

Even if the district court erred in concluding the defendant’s prior assault conviction was a crime of violence under the current version of the sentencing guidelines, that error was harmless in light of its stated conclusion it would have imposed ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

An appeal waiver did not prevent the court from reviewing the defendant’s claim her plea was tainted by constitutional error. On the merits, however, the court agreed the relevant statute applied to the defendant’s admitted conduct. Background Mary Mooney pleaded ...

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

A defendant who was incorrectly informed about the potential sentence if he pleaded guilty, which the government conceded was plain error, nevertheless failed to demonstrate the admitted error affected his substantial rights under a binding Fourth Circuit decision that imposes ...

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

Circumstantial evidence and reasonable inferences, including the appellant’s shifting explanations and the fact that his driver’s permit, cellphone and the victim’s belongings were found in a stolen car, supported his larceny conviction. Background On April 9, 2016, at about 4:15 ...

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

The court could not determine if the trial court erred in denying appellant’s motion to suppress his statements to police regarding the marijuana found in his backpack and his residence because he failed to include a transcript or an agreed ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

A driver who maintained that he believed he only hit a deer, but who actually hit and killed a person, had his conviction of felony hit and run affirmed. Background At 7:00 a.m. on Aug. 4, 2016, Trooper Dustin Eggleston ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where a defendant acknowledged touching his co-worker’s shoulders during a dispute, and the co-worker and other witnesses testified that the contact was intended to prevent the co-worker from leaving the room, the defendant’s self-serving testimony that the contact was minimal ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Although evidence obtained during a military search of the defendant’s cellphone was inadmissible because it violated the Military Rules of Evidence, the good-faith exception to the exclusionary rule and “fruit of the poisonous tree” doctrine nonetheless allowed the government to ...

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