Criminal

United States v. Peterson

The court will suppress the fruits of a strip search of the defendant, but not the fruits of a search of his car. Although a police dog’s weak responses alone didn’t give officers probable cause to believe that the defendant’s… Read More ›

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 ›

Jones v. Commonwealth (U)

The trial court erred in denying the appellant’s motion to suppress evidence following a traffic stop. The initial search of lottery tickets in the appellant’ car door was unlawful; all evidence stemming from that search should have been suppressed. A… 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 ›

United States v. Sutherland (P)

The defendant’s convictions for filing three false tax returns and obstructing a grand jury proceeding will stand. Contrary to the defendant’s argument, providing fabricated loan documents to a U.S. Attorney’s office was not too distant from an ongoing grand jury proceeding… 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 ›

Taylor v. Commonwealth (P)

The trial court properly denied the defendant’s motion to suppress a warrantless blood draw. At the time the officer arrested the defendant, Virginia law was that the defendant had, by driving on the highway, impliedly consented to provide a blood… 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 ›

Turner v. Commonwealth (P)

The appellant was required to register as a sex offender in Idaho. Pursuant to Code § 9.1-902(F)(ii), he was required to register as a sexually violent offender in Virginia. When he failed to reregister within the 90-day period, he was… Read More ›

Hodnett v. Commonwealth (U)

Evidence was sufficient to find the defendant guilty of constructive possession of ammunition as a felon. The defendant owned the vehicle where the ammunition was found and drove it “all the time.” He’d been in close proximity to the ammunition… 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 ›

Rankin v. Commonwealth (P)

After a police officer fatally shot a suspected shoplifter, the circuit court in his murder trial denied his motion in limine to exclude his statement to a witness on the scene: “It’s my second one.” The statement was admitted at… Read More ›

Adkins v. Commonwealth (U)

In the defendant’s trial for murder, the trial court should have granted the defendant’s motion to suppress statements he made after invoking his right to remain silent. The defendant invoked that right when he said: “I don’t have no more to… Read More ›

United States v. Guzman-Velasquez (P)

In denying the defendant’s motion to dismiss his indictment for illegal re-entry into the United States after being deported, the district court reached the right result for the wrong reason. The defendant’s sought dismissal based solely on United States v. Mendoza-Lopez,… Read More ›