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Tag Archives: Criminal

Incest conviction for sex with adult stepdaughter affirmed

Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

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COA’s interpretation of hit-run statute vacated

The Court of Appeals correctly affirmed appellant’s conviction under the hit and run statute after determining there was sufficient evidence to show that he failed to satisfy either of the two post-accident reporting requirements. However, the Court of Appeals should ...

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Defendants’ request for subpoenas denied

Although a magistrate judge partially authorized the issuance of subpoenas, the government’s objections were sustained because the subpoenas were not sufficiently specific, there was an insufficient showing of relevancy and they likely sought privileged material from federal and state agencies ...

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Early release denied to terminally ill two-time murderer

Although a twice-convicted murderer exhausted the Bureau of Prisons’ compassionate release process, and his terminal illness qualified as an extraordinary and compelling reason for early release, a weighing of the factors—including the seriousness of his offense, lack of evidence of ...

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Good faith exception rescues invalid GPS warrant affidavits

Where affidavits for GPS tracking devices issued in a narcotics case included no corroborating facts, they lacked sufficient information to establish probable cause. However, because the officers had information that was “inadvertently” omitted from the affidavits, there was no showing ...

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