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4th Cir.: To trigger Simmons, state argument must look forward
A serial killer, sentenced to death under North Carolina law, did not have a constitutional right to inform his sentencing jury that he was ineligible for parole. This right, which […]
4th Cir.: Juvenile D.C. sniper to be resentenced under Miller
The younger “D.C. sniper,” who was a teenager when he was convicted of several murders and related crimes, must be resentenced following retroactive constitutional standards for juvenile punishment, established subsequent […]
CAV: Bench warrant for revocation hearing was proper
Under Code § 19.2-306, the circuit court had jurisdiction to hear the case against the appellant when it revoked her “indefinite” probation and ordered her to serve 90 days of […]
4th Cir.: Court won’t rehear habeas retroactivity issue
The government was denied rehearing as to a habeas petitioner, previously granted permission to seek relief under the savings clause contained in 28 U.S.C. § 2255. Statement respecting denial (Agee, […]
4th Cir.: Enhancement improper without “overt act” predicates
The district court erred in sentencing the defendant as a career offender because his prior convictions for conspiracy to distribute and possess with intent to distribute cocaine are not controlled […]
4th Cir.: Scam “reloader” targeted vulnerable victims
The district court did not err in applying a “vulnerable victim” sentencing enhancement to a defendant who worked at a fraudulent telemarketing center as a “reloader,” targeting individuals who had […]
4th Cir.: Non-contact child porn victims entitled to restitution
A defendant waived his right to appeal an award of $100,000 restitution to his child victim, but the district court’s reasons for denying restitution to other, non-contact victims contradicted U.S. […]
4th Cir.: Revocation hearing no vehicle to attack sentence
Considering revocation of the defendant’s supervised release, the district court correctly determined that it lacked jurisdiction to rule on the defendant’s challenge to the constitutionality of his underlying sentence. And […]
4th Cir.: “Career offender” designation was error
After prevailing on a prior motion under 28 U.S.C. § 2255, the defendant was resentenced but improperly designated as a career offender. Because the incorrect designation led to application of […]
CAV: Sentence enhancement for federal conviction improper
The trial court erred in finding that the federal statute underlying the defendant’s prior conviction for felony possession of a firearm was substantially similar to the state law under which […]
4th Cir.: Flight to Thailand didn’t show “responsibility”
The district court did not err in declining to reduce the defendant’s sentence on grounds that he accepted responsibility for his offenses, since he fled the country before his initial […]
4th Cir.: Court didn’t explain rejection of mental health mitigation
When asked to impose a shorter sentence based on the defendant’s well-documented history of mental illness, the sentencing court was required to explain why it rejected such mitigation. Defense counsel […]
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
