Where a defendant’s motion for continuance of trial had already been denied, defense counsel’s pattern of delay raises Sixth Amendment effective assistance concerns and the defendant’s motion for reconsideration and continuance was granted in order to give him sufficient time ...

Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District

Where counsel made a Batson challenge after the Commonwealth used a peremptory strike to excuse an African-American juror from defendant Bethea’s retrial on a first-degree murder charge, the lower courts correctly determined the strike was not racially motivated. Defendant’s conviction ...

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

Where the defendant acquiesced in the delay of his trial by failing to object to continuances, that delay was chargeable to the defendant so that his subsequent trial date did not violate the Speedy Trial Act. Background Amir Fareed Suluki ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Where petitioner has named the director of the Virginia Department of Corrections and the chief probation officer in her habeas corpus petition to set aside a drunk driving conviction on the basis of ineffective assistance of counsel, the petition is ...

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

Where the defendants repeatedly challenged whether venue for their trial involving distribution of synthetic drugs was appropriate in the Western District of Virginia, and the evidence supporting venue was not “substantial and uncontroverted” as the drug operation extended from China ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King

Although a real estate broker argued the indictment against him should be dismissed, there were sufficient facts to allege he used straw purchasers and limited liability companies to defraud the Department of Housing and Urban Development, or HUD. Background This ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Where the government proved beyond a reasonable doubt that a woman willingly participated in an H-1 B visa fraud scheme with full knowledge of its illegality, the challenge to her conviction failed. Background After a bench trial of Richa Narang ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District

Although it was wrong for the government to insist members of the Virginia State Police leave the courtroom in the trial of a former special agent, their removal did not justify setting aside the jury’s verdict because it did not ...

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

Where the defendant was carrying a firearm while subject to five separate protective orders, his convictions for transporting a firearm while subject to the orders did not violate double jeopardy because the purpose of the statute is to protect each ...

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

Where the record indicated that there was no police coercion in confession by intoxicated defendant, the confession was admissible. Background The commonwealth appeals the trial court’s pretrial order granting Nicholas Capps’ motion to suppress statements he made to police while ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals