Drug evidence in a mint container found in the vehicle appellant was driving will be suppressed. The police lacked probable cause to search the container and no exception to the Fourth Amendment’s warrant requirement applied. Overview Hudgens, a police officer, ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Randolph A. Beales Virginia Court of Appeals

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 ...

Tagged with: Criminal Justice D. Arthur Kelsey Justice Stephen R. McCullough Justice William C. Mims Supreme Court of Virginia

Where the jury instruction did not violate the defendant’s due process rights and the conviction did not violate the double jeopardy clause, his motion for a judgment of acquittal or a new trial was rejected. Background On Nov. 12, 2019, ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

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

While there was no error in sentencing an individual to 276 months’ imprisonment and a term of lifetime supervised release after he pleaded guilty to knowingly traveling in foreign commerce to engage in illicit sexual conduct with a minor, the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where the government agreed to dismiss certain counts in a superseding indictment after the defendant pleaded guilty to two counts related to robbery, the defendant’s successful argument, which he made years later, that he could not be held liable for ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant convicted of piracy and firearm offenses related to an attempted attack on a U.S. Navy vessel failed to establish he received ineffective assistance of counsel. The record demonstrated his lawyer understood the laws, elements and facts of a ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

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 ...

Tagged with: Criminal Judge David J. Novak U.S. District Court - Eastern District

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 ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District