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Tag Archives: Criminal

EDVA: Devices reasonably seized from Manafort condo (access required)

A warrant to search Paul Manafort’s Alexandria condo and to seize various electronic devices and media related to his bank and tax fraud offenses was constitutional on its face and constitutionally executed. Background At issue in this multi-count bank and ...

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4th Cir.: Fraud conspirator must forfeit only her own proceeds (access required)

Under recent U.S. Supreme Court precedent, a defendant convicted in a mortgage fraud conspiracy could not be ordered to forfeit the total amount of losses from the conspiracy – over $1.5 million – when she personally had received only $231,000 ...

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4th Cir.: Market value should dictate recovery for stolen merchandise (access required)

In calculating appropriate restitution to be paid by a video-game thief, the district court erred in accepting the victim’s unsubstantiated estimate of replacement costs, rather than requiring evidence on fair market value. Background Appellant Dominic Steele was convicted of postal ...

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CAV: Records from national pawn shop database admissible (access required)

In a grand larceny trial relating to stolen jewelry, printouts from LeadsOnline, which stores resellers’ purchase records for cooperation with law enforcement agencies, were admissible under the business-records exception to the hearsay rule. Background Appellant Joseph Melick was convicted in ...

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CAV: No revocation after good-behavior term expires (access required)

Despite the defendant’s probation violations, the circuit court lacked jurisdiction to reinstate his previously suspended prison time after the suspendion period had elapsed. Background On December 14, 1993, Green pleaded guilty to one count of felony arson. The trial court ...

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CAV: After plea deal, withdrawal would prejudice state (access required)

A defendant who’d agreed to plead guilty to murder could not withdraw his plea, fairly negotiated, based on the subsequent discovery of a witness with potentially exculpatory testimony. Background Appellant Franklin Thomason was at his home with his girlfriend and ...

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