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Criminal history includes only active sentences
Rejecting the reasoning in unpublished 4th Circuit decisions on the question, the court held that under Sentencing Guidelines § 4A1.2, a defendant’s criminal history category calculation did not include petty […]
CAV: Attempt is “punished as larceny,” qualifying for enhancement
Attempted petit larceny qualifies as a felony recidivist “third or subsequent offense” under Code § 18.2-104, meriting an enhancement sentence. Background At trial, the Commonwealth presented evidence that Appellant Fred […]
4th Cir.: Sentence-reduction motion was in feds’ discretion
By the unambiguous terms of a plea agreement, the government had discretion to determine whether the defendant had complied with his obligation under the agreement to give full and complete […]
4th Cir.: No late substitute for unconstitutional predicate
After U.S. Supreme Court precedent invalidated one of the defendant’s three predicate convictions mandating a sentence enhancement under the Armed Career Criminal Act, his sentence could not be sustained by […]
CAV: News article on prior trial not testimonial; admissible
At a defendant’s probation revocation hearing, the circuit court properly admitted information about the defendant’s most recent convictions as reported in a news article read by the prosecutor. The article […]
4th Cir.: Fraud conspirator must forfeit only her own proceeds
Under recent U.S. Supreme Court precedent, a defendant convicted in a mortgage fraud conspiracy could not be ordered to forfeit the total amount of losses from the conspiracy – over […]
4th Cir.: Market value should dictate recovery for stolen merchandise
In calculating appropriate restitution to be paid by a video-game thief, the district court erred in accepting the victim’s unsubstantiated estimate of replacement costs, rather than requiring evidence on fair […]
CAV: No revocation after good-behavior term expires
Despite the defendant’s probation violations, the circuit court lacked jurisdiction to reinstate his previously suspended prison time after the suspendion period had elapsed. Background On December 14, 1993, Green pleaded […]
CAV: After plea deal, withdrawal would prejudice state
A defendant who’d agreed to plead guilty to murder could not withdraw his plea, fairly negotiated, based on the subsequent discovery of a witness with potentially exculpatory testimony. Background Appellant […]
CAV: Victim statement showed link between offenses
A sentencing court properly considered a written statement and testimony by the victim of a defendant who engaged in a multi-year campaign of death threats against the victim and her […]
SCV: Successive-murder convictions merit multiple sentences
A defendant who murdered two victims within three years was subject to conviction and sentencing for both crimes under the statutory provision addressing such successive murders. Although the separate indictments […]
4th Cir.: On deferential review, court’s “pause” shows consideration
At a revocation hearing, a district court asked to reconsider imposing the maximum sentence based on hardship to the defendant’s family did in fact consider that mitigating factor, as shown […]
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
