The court joined two other circuits in holding that the Employee Retirement Income Security Act of 1974, or ERISA, doesn’t prevent the government from garnishing the retirement assets of a defendant in order to satisfy a criminal restitution order under ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Where an attorney argued during a plea withdraw hearing against his client’s motion to withdraw his guilty plea, that conflict of interest warrants a new hearing with conflict-free counsel. Background Tekoa Glover raises two independent claims for relief from his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory

Where the defendant was charged with assault with a dangerous weapon, which inherently includes that he intended to commit the assault with violent force, his predicate conviction qualified as a crime of violence. Background On April 8, 2011, Dearnta Lavon ...

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

Although a credit card holder that appellant cared for gave appellant permission to use her credit card to buy the holder books and groceries, evidence of extensive purchases made for other goods and services was sufficient to convict appellant of ...

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

Where appellant previously pleaded guilty to a felony hit and run and driving on a suspended license, a later “agreement” the parties proffered to the trial court is best understood as a sentencing recommendation rather than a modified plea agreement. ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

The trial court erred by weighing a COVID-19 delay significantly in defendant’s favor when dismissing the charges against him on constitutional speedy trial grounds. Length of delay “The Commonwealth contends that the circuit court’s constitutional speedy trial analysis was erroneous ...

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

Where police investigators stopped defendant after he disobeyed a stop sign, issued him a warning instead of a ticket, and defendant then admitted he had marijuana in the vehicle in response to one of the investigator’s question, defendant’s motion to ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where a woman was previously ordered to pay restitution for her mail and wire fraud convictions, the government could enforce a judgment lien on her Virginia home. Although she argued she was not in default of her obligation because she ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

Appellant has not preserved his argument that a COVID-19 emergency judicial order excused his late appeal of a misdemeanor drunken driving conviction. Overview Appellant was convicted in the general district court of misdemeanor DUI. He appealed to the circuit court, ...

Tagged with: Criminal Judge Glen A. Huff Judge Rosemarie Annunziata Virginia Court of Appeals

Where appellant was stopped for excessive window tinting and an improperly displayed vehicle license, a later enacted statute that would have made the stop illegal does not apply retroactively. Defendant’s motion to suppress drugs and a firearm found during the ...

Tagged with: Criminal Newport News City Circuit Court Virginia Circuit Courts