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Criminal: Murder defendant’s sentence reduced from life to 480 months
Where there was a gross disparity between the defendant’s sentence and the sentences his co-defendants served, coupled with a broad trend toward lower sentences for individuals convicted of murder, this constituted extraordinary and compelling reasons to reduce the defendant’s sentence from a term of life to 480 months.
Criminal: Variance between oral sentencing and written judgment results in remand
Where there was an incongruence between the discretionary condition of supervised release that was announced during the sentencing hearing and that included in the written judgment, the case was remanded so that the written judgment conforms with the sentencing court’s oral pronouncements.
Idaho judge lifts gag order in Kohberger murder case
Story highlights •Bryan Kohberger pled guilty to killing four Idaho students in 2022 •Judge Steven Hippler lifts gag order, citing First Amendment concerns • Kohberger’s attorneys opposed the decision, citing […]
SCOTUS wrap-up: factors for revoking supervised release narrowed
The U.S. Supreme Court ruled a federal judge could not consider the need to “promote respect for the law” in deciding whether to revoke a drug defendant’s supervised release.
Criminal: Man sentenced to good behavior for life
Where a man argued the circuit court exceeded its statutory authority when it sentenced him to good behavior for life, the court rejected this argument.
Panel: rejected plea deal must be reoffered
A divided panel of the 4th U.S. Circuit Court of Appeals has ordered a district court to require the government to offer the same plea deal again to a defendant whose attorney provided erroneous advice as to his sentencing exposure.
Criminal: Sentencing error requires resentencing
Where the district court included in its written judgment a search category that was substantially broader than its oral pronouncement, and it failed to expressly incorporate the standard conditions of supervised release adopted in this district, the defendant’s sentence was vacated and the case was remanded for resentencing.
Criminal: Suspended sentence reimposed after defendant fails to comply with terms
Where the trial court initially suspended a four-year sentence to give the defendant an opportunity to maintain sobriety and comport himself “to expectations of law-abiding behavior,” but the defendant then incurred positive screens for illegal substances, incurred new pending charges and struggled with maintaining sobriety, the trial court did not abuse its discretion when it lifted the stay.
Justice reform 2021: Assembly poised to erase mandatory minimums
When the 2021 Virginia General Assembly opens on Jan. 13, criminal justice reform, a major issue in last year’s session, will be back front and center. A group of progressive […]
Assembly backs jury sentencing reform bill
A momentous change in Virginia criminal procedure almost went unnoticed at first. An end to jury sentencing for criminal defendants won final approval from the House of Delegates on a […]
U.Va. law prof wins man his freedom via Zoom
A group of University of Virginia law students had a class they’ll never forget after witnessing their professor win a Louisiana man his freedom during a resentencing hearing via Zoom. […]
New law extends parole eligibility for juveniles
Twenty-five years after Virginia abolished parole, hundreds of inmates will be eligible for release under a bill recently signed by the governor. Sponsored by Del. Joseph Lindsey, D-Norfolk, House Bill […]
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
