Criminal

United States v. Winbush (P)

The district court erred in substituting a previously unidentified conviction to sustain the appellant’s “career offender” designation. Thus, he must be resentenced without that enhancement. By habeas petition, the appellant brought a claim for ineffective assistance of counsel based on… Read More ›

Hayes v. Carver (P)

The district court properly dismissed a habeas petitioner’s claim of actual innocence. He was convicted of two counts of second-degree murder and sentenced to two consecutive life terms. Here, the totality of the evidence fails to meet the exacting standard for… Read More ›

King v. Darden

In this civil-rights actions, the plaintiff fails to establish all the elements of his claim that the defendants conspired to unlawfully arrest and prosecute him for engaging in election fraud. Here, the plaintiff sued a county commonwealth’s attorney and an… Read More ›

Eley v. Commonwealth (P)

In the defendant’s conviction for carrying a loaded firearm equipped with a high-capacity magazine, the statutory exemption in Code § 18.2-308(C)(8) for a firearm carried in “a personal, private motor vehicle” did not apply because the defendant knew that the… Read More ›

Khavkin v. Clarke

The court will not dismiss the pending petition for habeas corpus. The petitioner contends that his trial counsel had a conflict of interest and that, as a result, counsel coerced him to plead guilty. Sufficient evidence exists to show at… Read More ›

United States v. Jackson

In light of the U.S. Supreme Court’s 2016 decision in McDonnell v. United States, defendant Vernon Jackson’s 2006 convictions for bribery and conspiracy must be vacated. In 2006, the defendant pled guilty to bribing and conspiring to bribe a former U.S…. Read More ›