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Tag Archives: Criminal

EDVA: Child porn prosecution too reliant on propensity (access required)

The government effectively relied entirely on propensity evidence to support charges of receipt and distribution of child pornography, without reasonably connecting such evidence to actual photos and videos found on the defendant’s computer. A judgment of acquittal, or alternatively a ...

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CAV: Real perpetrator’s confession supports actual innocence (access required)

The court of appeals granted two petitions for writs of actual innocence, based on another person’s confession to both robberies for which the petitioner was convicted. Background In 2007, Petitioner Gary Bush was convicted in the City of Petersburg Circuit ...

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4th Cir.: Flight to Thailand didn’t show “responsibility” (access required)

The district court did not err in declining to reduce the defendant’s sentence on grounds that he accepted responsibility for his offenses, since he fled the country before his initial sentencing hearing. However, the defendant should have been granted leave ...

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Va. Cir.: Firearms charges were distinct, not double jeopardy (access required)

The defendant’s conviction for possession of a weapon by a violent felon did not violate his rights under the Double Jeopardy Clause, notwithstanding his previous acquittal by jury of the separate offenses of use of a firearm in the commission ...

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CAV: Prior statement was cumulative, corroborated (access required)

Even if a witness’s prior consistent written statement did not meet the standards for admissibility under the applicable hearsay exception, it didn’t affect the jury verdict because it was corroborated by substantial other testimony. Background Appellant Juan Candelaria and Joseph ...

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4th Cir.: Court didn’t explain rejection of mental health mitigation (access required)

When asked to impose a shorter sentence based on the defendant’s well-documented history of mental illness, the sentencing court was required to explain why it rejected such mitigation. Defense counsel had argued that the defendant’s multiple death threats sent to ...

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