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 ...

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

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 ...

Tagged with: Danville Commonwealth's Attorney Judge Michael F. Urbanski 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 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 ...

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

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 ...

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

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 ...

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

The court clarified what evidence and argument a party could introduce and rely upon in the breach of contract case. Background The matter presently before the court is Norfolk Southern Railroad Company’s motion for clarification of the court’s ruling on ...

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

Where the police officer had a reasonable suspicion to stop a car after witnessing an apparent drug transaction, and where there was reasonable suspicion to search the defendant based on an odor of marijuana and the manner in which he ...

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

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 ...

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

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 ...

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