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Tag Archives: Judge Michael F. Urbanski

Charges of providing contraband to prisoner upheld (access required)

Although a defendant challenged charges for allegedly smuggling contraband into the Roanoke City Jail, including that the facility fell outside the scope of the criminal statute, there was nothing inherently vague about the statute that would lead to arbitrary enforcement or ...

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Gang prosecutors sanctioned for discovery failures (access required)

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The failure of the Danville commonwealth’s attorney’s office to disclose state grand jury testimony before a gang violence trial was “gross negligence,” a federal judge has ruled. In a sanctions ruling citing prosecutorial misconduct, U.S. District Judge Michael F. Urbanski ...

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Public to be notified of bombmaker’s release from jail (access required)

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 ...

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Testimony of firearm identification experts limited in gang case (access required)

Where firearm experts’ testimony is subjective and lacks established methodology, error rate or statistical foundation for its conclusions, the experts may not testify that microscopic marks indicate a “match,” that cartridge cases were fired by the same firearm or have ...

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CFO’s termination was not unlawful (access required)

Where the Southwest Virginia Higher Education Center eliminated the CFO position to meet a budget reduction mandated by then-Gov. Terry McAuliffe, and not because of the plaintiff’s complaints, the defendants’ motion for summary judgment on the whistleblower and retaliation claims ...

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Conspiracy to smuggle contraband into jail rejected (access required)

Although the defendant challenged the indictment to smuggle contraband into the jail on multiple grounds, including that that jail is not a “prison” within meaning of the federal statute and the statute is unconstitutionally vague the court rejected each of ...

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Plaintiff gets texts on county employee’s personal phone (access required)

Despite Page County’s objection to a magistrate judge’s ruling on a terminated employee’s discovery motion, the plaintiff is entitled to text messages on the personal cell phone of a county employee, communications between that employee and a county contractor and ...

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Defendants could be charged with use of firearm during violent crime (access required)

Where gang members from rival street gangs who allegedly collaborated to facilitate a murder, several attempted murders, two assaults and other related crimes, they could be charged with using a firearm during a crime of violence because murder and attempted ...

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