Where appellant did not appear for a hearing despite having timely notice of where and when to appear, the trial court correctly determined appellant’s absence was willful. His conviction for felony failure to appear is affirmed. Overview Appellant Partain was ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where the trial court adopted the commonwealth’s interpretation of the applicable sentencing guidelines, there is no appealable issue because appellate review of sentencing guideline calculations is precluded by statute. At appellant’s sentencing for his plea-based conviction to a sex crime, ...

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

A petition for a writ of actual innocence, based on the “purported recantations” of one of petitioner’s accomplices and an informant, a “declaration” from another accomplice, and a proffer that another informant recanted his testimony, is dismissed. Further, we reject ...

Tagged with: Criminal Order Virginia Court of Appeals

The trial court’s determination that appellant violated the terms of his probation by being dishonest with his probation officer is affirmed. Facts Appellant was placed on supervised probation following his plea-based conviction of being a felon in possession of ammunition. ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

A defendant who pleaded guilty to arson and was convicted of making a false statement to influence a bank loan is entitled to resentencing because the district court failed to identify an aggravating circumstance not accounted for by the sentencing ...

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

Where a law enforcement officer knew there was a warrant for someone named “Lewis,” knew the defendant was known as “Lewis” and the defendant fled when he was told about the warrant, the officer had reasonable suspicion to detain him. Curtilage ...

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

Where the statute criminalizing assault with a dangerous weapon in aid of racketeering activity “heightens” the common law assault definition by additionally requiring the use of a dangerous weapon, that combination satisfies the “crime of violence” definition under the § ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Where the government’s superseding indictment and additional information sufficiently outlined the basis for the charges against a pharmaceutical company, the company’s motion for a bill of particulars was denied. And, although other government agencies might have conducted investigations of the company, ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where appellant’s counsel agreed to the trial court’s erroneous conclusion that it lacked jurisdiction to consider motions for a new trial, the approbate and reprobate doctrine prevents appellant from taking an inconsistent position on appeal – that the trial court ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

There was sufficient evidence for the trial court to convict appellant of two hit-and-run accidents. Although both arose from the same incident, each accident had a separate causation and there “was a sufficient temporal interval between the two collisions.” Background ...

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