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Tag Archives: Criminal

Continuance granted based on Sixth Amendment concerns (access required)

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 ...

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‘Batson’ challenge properly rejected in murder case (access required)

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 ...

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Drug conspiracy defendants get new trial (access required)

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 ...

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Real estate broker indicted for role in scheme to defraud HUD (access required)

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 ...

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