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Tag Archives: Criminal

ERISA doesn’t bar garnishment of 401(k) to satisfy restitution order (access required)

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 ...

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New hearing ordered because of attorney’s conflict-of-interest (access required)

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 ...

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Court erred by finding speedy trial violation (access required)

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 ...

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Evidence obtained after traffic stop is admissible (access required)

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 ...

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No claim that COVID order excuses late appeal (access required)

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, ...

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