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Tag Archives: Criminal

Conviction for failing to reregister as sex offender upheld (access required)

A defendant was properly convicted of failing to reregister as a sexually violent offender. Background Jack Randall Young was indicted for multiple violations of the Virginia Sex Offender and Crimes Against Minors Registry Act, including two counts of failing to ...

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Social media reporting did not violate First Amendment (access required)

Where a convicted sex offender was required to report his social media screennames to authorities, his First Amendment rights were not violated because the reporting requirements advanced a significant government interest and did not restrict his rights of free speech ...

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Defendants could be charged with use of firearm during violent crime (access required)

Where gang members from rival street gangs who allegedly collaborated to facilitate a murder, several attempted murders, two assaults and other related crimes, they could be charged with using a firearm during a crime of violence because murder and attempted ...

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Judge’s in-court comments were not basis for recusal (access required)

Where the judge’s comments about the defendant were in direct response to the defendant’s conduct, they did not reflect a wrongful or inappropriate prejudice. Background Walter Graves is charged in a one-count indictment with a bank robbery that occurred on ...

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Wire fraud conspiracy defendants not prejudiced by joint trial (access required)

The defendants, who persuaded their elderly victims to transfer money to the defendants based on postured romantic relationships, failed to persuade the court that the district court made errors during their trial that would have changed the outcome. Background The ...

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Resentencing required as priors are no longer ACCA predicates (access required)

The defendant’s 220-month sentence was based on four prior convictions that rendered him an “armed career criminal.” Now, however, two of those prior convictions no longer qualify as violent felonies, thus requiring resentencing. Background Randall Cornette pleaded guilty to being ...

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Federal gun charge based on state domestic violence conviction (access required)

Although the defendant claimed his federal gun charge could not be based on his Virginia conviction for domestic violence because he did not knowingly and intelligently waive his right to a jury trial in Virginia as required under federal statute, ...

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Improper exclusion of expert results in convictions being vacated (access required)

Where the trial court improperly excluded an expert who would have provided testimony material to the defendants’ defense, two defendants convicted of drug conspiracy charges are entitled to a new trial. Background A federal jury convicted Benjamin Galecki and Charles ...

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Police detective did not intentionally lie in affidavit (access required)

Where the detective’s facially sufficient search warrant affidavit was imprecise,  but had no proof an alleged error was intentionally or recklessly false,  the drug defendant’s post-conviction challenge to the affidavit failed. Background After a jury convicted Benitez Auguarius Moody of ...

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