Criminal – Court of Appeals wrongly vacated murder conviction
Where a jury convicted the defendant on multiple charges stemming from a fatal shooting, the Court of Appeals erred when it vacated his convictions. Under the proper standard of re...
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Where a jury convicted the defendant on multiple charges stemming from a fatal shooting, the Court of Appeals erred when it vacated his convictions. Under the proper standard of re...
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...
Where the circuit court treated the defendant’s absconding violation as a third technical violation, it erred. Background James Thomas Davis appeals the trial court’s order revokin...
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...
The Court of Appeals of Virginia upheld Bobby Gerard Clary's rape convictions, ruling no juror bias despite defense claims during voir dire. The post Virginia court upholds rape co...
The Court of Appeals of Virginia affirmed the Roanoke Planning Commission’s authority to continue a rezoning hearing and recommend approval of ABoone Real Estate’s application. The...
Where an inmate sought to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 petition, but he failed to make the requisite showing, he was denied […] The post...
Virginia legislature approved expanding the Court of Appeals from 17 to 21 judges and added judgeships to several lower courts, signed by Gov. Abigail Spanberger. The post Legislat...
Where a man moved to have his state sentence suspended following his release from federal custody, but the circuit court did not issue a final judgment within 60 days from […] The...
The Court of Appeals of Virginia upheld Rayshawn Scott's murder conviction after a retrial addressed prosecutorial misconduct in the initial trial. The post Court says Petersburg m...
Where a man convicted of aggravated malicious wounding and shooting or stabbing another in the commission of a felony argued the trial court erred by not continuing his trial, beca...
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...
The Court of Appeals of Virginia reversed a civil contempt order due to failure to demonstrate diligent efforts for personal service on an ex-husband residing in India. The post CO...
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...
Where the trial court applied a sentencing enhancement for use or possession of a “firearm or ammunition cited in the offense of conviction in connection with the commission or att...
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...
The Massachusetts Supreme Judicial Court has upheld a $1.31 million retaliation verdict, ruling that flawed jury instructions in the case did not warrant a new trial. The decision...
Where the evidence showed that the defendant acted with premeditation, his aggravated murder convictions were affirmed. Background Following a jury trial, the circuit court convict...
Where the jury sent a note that they were deadlocked, and that they sought direction from the court on “[w]here” to “go from here,” the trial court did not abuse […] The post Crimi...
Teona Seqouya Rose's disorderly conduct conviction was reversed by the Virginia court due to the other-crimes proviso allowing assault charges instead. The post Criminal – Woman do...
The Court of Appeals of Virginia upheld a Richmond robbery suspect's photo lineup identification, rejecting claims of suggestive procedures. The post Witness’s identification of su...
Where a man’s conviction for second degree murder was supported by witness testimony, video evidence, forensic evidence and other testimony, it was affirmed. Background Following a...
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on June 3, 2026. (1) The State lacks authority to appeal a district court’s v...
The 4th U.S. Circuit Court of Appeals ruled that a Virginia robbery conviction does not qualify as a crime of violence under federal sentencing guidelines. The post Robbery statute...
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