Where appellant successfully argued in the trial court that, without knowing that the vehicle he shot at was occupied, he could not be convicted of maliciously shooting at an occupied vehicle, this did not preserve his argument on appeal that ...

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

Appellant’s trial-court admission that his conviction order implicitly stated a 20-year period of good behavior, and his concession that he violated the terms of two suspended sentences by committing new offenses, precludes him from taking a contrary position on appeal. ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant was sentenced in accordance with his plea agreement but did not challenge the court’s addition of a requirement that “he be of good behavior for the rest of his life upon his release from incarceration,” he is not ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where, as a condition of appellant’s suspended sentence, the court imposed a lifetime requirement of good behavior, appellant did not preserve his claim that the condition is unreasonable. Further, there is no basis to apply the ends of justice exception ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where a subset of medical records were not covered by the psychotherapist-patient privilege, the government may review those records as part of a criminal investigation into whether the psychiatrist prescribed medication for legitimate medical purposes and within the scope of ...

Tagged with: Criminal Judge Pamela Meade Sargent U.S. District Court - Western District

Where three individuals who pleaded guilty to conspiracy for their roles in the “Unite the Right” rally in Charlottesville did not demonstrate they would not pose a danger to others upon release, their motion seeking release on bond pending appeal ...

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

Where a man who unsuccessfully attempted to blow up the building where his ex-wife worked is scheduled to be released from jail because his 30-year mandatory, consecutive sentence was imposed in violation of the Constitution, victims and possible victims are ...

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

Where the evidence was insufficient to find an executive of a company co-owned by former National Security Advisor Michael Flynn acted as an unregistered agent of a foreign government and engaged in a conspiracy, the court vacated the jury’s findings. ...

Tagged with: Criminal Judge Anthony J. Trenga U.S. District Court - Eastern District

Where there was no final judgment under North Carolina’s felony statute against the defendant at the time he was found in possession of firearms, his conviction for being a felon in possession of a firearm under federal law must be ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

A majority of the judges on the court did not agree to rehear the case en banc, although one judge explained he did not vote for en banc review in order to expedite Supreme Court review. Background The petition for ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal