Latest updates for Fleming V. Commonwealth

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Recent items include:

  • Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
  • Search & Seizure – Defendant wasn’t entitled to copy of search warrant
  • Criminal- Charges dismissed because of Speedy Trial Act

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valawyersweekly.com /1 month ago

Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage

The circuit court in Carroll County affirmed a restitution order requiring Gloria Ann Fleming to pay $4,359.28 for vehicle damage caused by felony destruction of property. The post...

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valawyersweekly.com /1 month ago

Search & Seizure – Defendant wasn’t entitled to copy of search warrant

The court of appeals of Virginia ruled that Code § 19.2-56(B) requires officers to provide a copy of the search warrant only for a place of abode, not for other locations. The post...

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valawyersweekly.com /3 weeks ago

Criminal- Charges dismissed because of Speedy Trial Act

The henry county circuit court affirmed dismissal of felony indictments against John Antonio Fennell due to speedy trial act violations. The post Criminal- Charges dismissed becaus...

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valawyersweekly.com /1 week ago

Criminal – Felony eluding conviction violated Double Jeopardy clause

The Virginia court reversed a felony eluding conviction in Botetourt County, ruling it violated double jeopardy after a prior Bedford County conviction. The post Criminal – Felony...

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valawyersweekly.com /1 month ago

Search & Seizure – Search of defendant’s backpack was not unlawful

The fredericksburg circuit court affirmed denial of motion to suppress evidence from defendant’s backpack after a lawful terry stop and frisk. The post Search & Seizure – Searc...

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valawyersweekly.com /1 week ago

Criminal – Denial of continuance wasn’t abuse of discretion

The Albemarle circuit court affirmed denial of continuance and new counsel requests by Ashley Freeman in a criminal appeal from JDR court conviction. The post Criminal – Denial of...

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valawyersweekly.com /1 month ago

Evidence – Court didn’t err in admitting unavailable witness’s testimony

Where the Commonwealth exercised due diligence in its attempts to procure a man’s live testimony for trial, the trial court did not err in ruling him unavailable, and admitting his...

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valawyersweekly.com /5 days ago

Criminal – Wealth of evidence supports firearm possession conviction

Where the defendant told law enforcement where to find a firearm in the house, it was found in the location he identified, his fingerprints were on the ammunition magazine and […]...

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valawyersweekly.com /1 month ago

Criminal – Evidence supports conviction for possession of a firearm by a felon

The Mecklenburg County circuit court affirmed Nathaniel Junius Boyd-Goode's conviction for possession of a firearm by a felon under Code § 18.2-308.2. The post Criminal – Evidence...

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valawyersweekly.com /1 month ago

Criminal – Evidence supports fentanyl possession/distribution conviction

Based on evidence the defendant was an “experienced drug dealer,” that he intended to distribute most of the controlled substances he possessed and that he was familiar with the re...

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valawyersweekly.com /3 weeks ago

Criminal – Evidence supports firearm possession convictions

The Chesapeake circuit court affirmed convictions of Lionel Williams Jr. for firearm possession linked to drug distribution and felon status. The post Criminal – Evidence supports...

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valawyersweekly.com /5 days ago

Criminal – District court sufficiently explained resentencing decision

Where a defendant argued his motion for a sentence reduction initiated a plenary resentencing, with its concomitant explanatory rigor, this argument failed. The district court’s re...

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wislawjournal.com /4 days ago

Sixth Amendment-Harmless Error

Now was charged with and convicted of disorderly conduct and felony bail jumping, after a physical altercation at a bar with John Keller. The post Sixth Amendment-Harmless Error fi...

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valawyersweekly.com /1 month ago

Search & Seizure – Officer didn’t improperly extend traffic stop

The court of appeals of Virginia reversed a ruling that an officer impermissibly extended a traffic stop during a 12-second inquiry about weapons and drugs. The post Search & S...

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valawyersweekly.com /3 weeks ago

Criminal- Physical evidence and DNA ties defendant to crime

The York County Circuit Court affirmed Herbert Jounious Butler Jr.'s convictions based on DNA and firearm evidence linking him to the crime. The post Criminal- Physical evidence an...

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valawyersweekly.com /1 month ago

Supreme Court upholds prosecutor’s suspension

The Supreme Court of Virginia upheld the suspension of prosecutor Joseph Willis Lee III for knowingly withholding exculpatory evidence in a criminal case. The post Supreme Court up...

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valawyersweekly.com /1 week ago

Criminal – Defendant was wrongly convicted of two counts of hit-and-run

Where the defendant was convicted of two counts of hit-and-run based on the same accident, one of the convictions was reversed. The circuit court erred when it found that a […] The...

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valawyersweekly.com /2 weeks ago

Criminal – Evidence didn’t support voluntary manslaughter jury instruction

Virginia court affirms refusal of voluntary manslaughter instruction in James Ray Williams' second-degree murder conviction due to insufficient provocation evidence. The post Crimi...

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valawyersweekly.com /1 month ago

Criminal – Full court refuses to rehear Rogers-Singletary error case

Where a member of the court requested a poll for en banc review of a case involving a Rogers-Singletary error, but the poll failed to produce a majority of judges […] The post Crim...

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valawyersweekly.com /1 month ago

Fraud – Defendants prevail on qui tam suit

The Virginia circuit court affirmed summary judgment for Trinity Industries in a VFATA qui tam suit, finding no proof of falsity in compliance claims. The post Fraud – Defendants p...

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wislawjournal.com /1 month ago

Discovery Violation-Harmless Error

Rash was convicted of first-degree reckless homicide (as party to a crime) and second-degree recklessly endangering safety. The post Discovery Violation-Harmless Error first appear...

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valawyersweekly.com /1 month ago

Federal appeals court rules against Fairfax County in police shooting

The Fourth Circuit ruled that Fairfax County police officer Joshua Moser may have violated Jeffery Payne’s constitutional rights in a 2022 shooting. The post Federal appeals court...

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valawyersweekly.com /5 days ago

Criminal – Defendant’s request to withdraw guilty plea is denied

Where the defendant pleaded guilty to second-degree murder and another charge, the circuit court did not err in denying his subsequent motion to withdraw that plea. He did not esta...

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valawyersweekly.com /2 weeks ago

Criminal – Probable cause includes dog’s positive alert for narcotics

Virginia circuit court affirms probable cause based on police dog Vudu’s positive narcotics alert during traffic stop in Cason case. The post Criminal – Probable cause includes dog...

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Sources covering Fleming V. Commonwealth

valawyersweekly.com

Recent coverage from public sources
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wislawjournal.com

Recent coverage from public sources
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