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Where the victim’s testimony, a neighbor’s testimony, the defendant’s own statements and other evidence was sufficient to prove beyond a reasonable doubt that the defendant committ...
Powell was convicted of first-degree intentional homicide with use of a dangerous weapon and being a felon in possession of a firearm, both as a repeat offender. The post Sentencin...
The Kentucky Supreme Court has denied Attorney General Russell Coleman's request to force a Franklin County judge to clarify whether an injunction prevents Gov. Andy Beshear from s...
This is the fifth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declarati...
The Supreme Court of Virginia ruled that a probation condition banning near-total internet use does not violate the First Amendment, distinguishing it from Packingham v. North Caro...
Where the defendant was convicted of failing to appear, but the Commonwealth failed to prove that he did so knowingly, the conviction was reversed. The post Criminal – Failure to a...
Where the circuit court declined to address the defendant’s First Amendment overbreadth challenge to a criminal statute, and did not rule on whether the statute was unconstitutiona...
Where a search warrant application failed to establish a fair probability that contraband or evidence of a crime would have been found in the location to be searched, and a […] The...
Where the defendant argued the prosecutor’s comments, arguments and questions about the lack of DNA evidence were improper, but he did not contemporaneously object during voir dire...
Sentencing for Briana Johnson and Kyle Guindon in the death of toddler Joshua Bowen has been delayed to October.
Where the defendant left repeated voice messages for her former romantic partner, threatening her and any visitors at her house, she was convicted of using profane, threatening or...
Where the Board of Immigration Appeals determined that a vacated conviction was still valid for immigration purposes, it erred. The post Immigration – BIA can’t consider vacated co...
Where a court imposes a two-level firearm enhancement pursuant to U.S. Sentencing Guidelines Manual § 2B1.1(b)(16)(B), the weapon must have facilitated or had the potential to faci...
The government's argument, which the court apparently found persuasive: "The denial was not arbitrary but based on documented allegations, even if unsubstantiated."
The Court of Appeals of Virginia affirmed denial of good samaritan immunity under Va. Code § 18.2-251.03(B)(1) for possession of a Schedule II controlled substance. The post CAV cl...
Where the district court imposed a sentencing enhancement because two out of three serial numbers on the recovered firearm had been modified, such that only one digit of the seven-...
Where a transcript or written statement of the challenged evidentiary hearing was indispensable to determine whether the trial court erred when it denied defendant’s motion to excl...
Where defendant was sitting in the passenger seat of a vehicle while illegally parked in a handicapped space, officers did not need reasonable suspicion that defendant was personal...
Jonathan Biven, the former director of Kentucky State Police's Trooper Island camp for underprivileged children, was indicted Aug. 6 by a Clinton County grand jury.
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