A defendant’s challenge to his enhanced sentence based on a prior drug conviction was rejected, as the court found that a plain reading of the law meant that any prior conviction under the statute triggered the enhanced punishment provisions. Background ...

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

An inmate who was sentenced as an armed career criminal will be resentenced because under the Armed Career Criminal Act he no longer had three convictions for a violent felony and/or a serious drug offense. Background Clinton Lee Rumley was ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District

Because New York’s robbery statute required the use or threatened use of violent physical force, the defendant’s prior conviction for first degree robbery in New York was sufficient to impose the career offender sentencing enhancement under the Sentencing Guidelines. Background ...

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

Where defendant has moved to remit fines and costs associated with his plea-based convictions of indecent exposure and three counts of obscene sexual display, the expenses associated with court-ordered sex offender treatment, GPS monitoring and a sex offender polygraph cannot ...

Tagged with: Chesterfield County Circuit Court Criminal Judge David E. Johnson Virginia Circuit Courts

Petitioner, a convicted felon whose civil rights have been restored, will have his right to possess firearms and ammunition reinstated because he has met Code § 18.2-308.2’s “good cause shown” standard as determined by the court’s evaluation of “a non-exhaustive ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

In rejecting a woman’s challenge to being found guilty of driving after forfeiture of her license, the court said the evidence showed she had twice been convicted for driving on a revoked license, and had notice of these prior convictions ...

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

Because the defendant’s attorney did not affirmatively object when the trial court imposed on his client a provision of no contact with the victim, the defendant waived this argument for appeal. Background Viewed in the light most favorable to the ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Petitioner’s motion for nonsuit of his writ of actual innocence is denied because such writs are criminal matters to which the nonsuit statute does not apply. Further, the writ, based on results from DNA testing, will be dismissed. The test ...

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

A 1978 amendment to Virginia’s larceny by check statute was intended to include, rather than limit, its application to passing a bad check to pay for goods and services. Code § 18.2-181 is best understood to apply when a check ...

Tagged with: Criminal Justice Lawrence L. Koontz Jr. Supreme Court of Virginia

A prison inmate diagnosed with gender dysphoria and who is transitioning from male to female identity is entitled to on-the-merits consideration of an application to change her name. The circuit court’s determination that there was not “good cause” to consider ...

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