Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Where the indictment sufficiently described the scheme to defraud the government and the evidence supported the convictions for wire fraud, conspiracy and aiding, the defendant lost his bid to upset his convictions for his role in a conspiracy involving the ...

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

After the defendant was sentenced to life without parole for crimes committed when he was 17, the Supreme Court held that, when sentencing a minor to life without parole, the court must consider the defendant’s “youth and attendant characteristics.” Because ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

Where the defendant failed to appeal from the court’s second order of forfeiture entered in 2014, his 2020 complaints came too late. A  forfeiture may only be challenged on direct appeal, which must be filed within 14 days of entry ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Although a juror omitted material information about four additional family members in law enforcement during voir dire of a capital case involving the killing of a police officer, because the record failed to demonstrate the juror was biased or that ...

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

Where the police had a lawful basis to arrest the defendant, whose phone was “within inches” of his hands at the time the police approached him, the phone was properly seized as a search incident to arrest related to child ...

Tagged with: Criminal Judge David J. Novak U.S. District Court - Eastern District

Where appellee was charged with violating a curfew imposed by an emergency order issued by Fredericksburg’s city manager, the city had the authority to do so. Facts After the governor imposed curfews in several cities in response to civil unrest ...

Tagged with: Criminal Fredericksburg Circuit Court Judge Joseph J. Ellis Virginia Circuit Courts

Because there were good reasons why defense counsel for a man on trial for beating, shooting and robbing a prostitute decided to not test certain items for DNA, including the risk of undermining the trial strategy, the habeas court’s rejection ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where evidence disclosed since a conviction for rape and burglary 44 years ago suggests the police suppressed material evidence in violation of the defendant’s rights under Brady v. Maryland, 373 U.S. 83 (1963), the district court was directed to consider ...

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

Where the defendant testified that she believed she was the sole owner of a 401(k) account from which she withdrew assets, and the government did not show that another individual or entity had property rights in the 401(k) assets, the ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District