Criminal Defense
Whether Virginia juvenile murder defendants who accepted life without parole are out of luck
In 2005, the United States Supreme Court decided 5-4 that it is unconstitutional under the Eighth Amendment to execute those who committed crimes when they were under eighteen years old. Roper v. Simmons, 543 U.S. 551 (2005). Post-Roper, a criminal defendant charged with an otherwise...
Virginia criminal & drug defense – Limits on challenging hotel room searches
Behind the seemingly innocent exteriors of plenty of hotels lie illegal drug possession and illegal drug transactions. Unless the hotel is knowingly receiving payola for such activity, the hotel can be expected to seek police intervention to stop the activity. Abdul Lateef Salahuddin learned that...
Criminal defense- Preparing clients for a trial roller coaster ride
Recently in a criminal trial that I won, my client seemed concerned when the judge was overruling some of my objections, while he also sustained a number of my objections in between. It is always important for a criminal defense lawyer to prepare his or...
Virginia criminal defense- Winning a prostitution trial by invalidating the arrest
This article addresses my ultimately winning a client's prostitution solicitation case by appealing for a new trial in Virginia Circuit Court, convincing the judge to suppress his arrest, and ultimately convincing the prosecutor to dismiss the case
Virginia prostitution/criminal defense- Winning a bawdy place & disorderly conduct trial
Here are details on my recent bench trial acquittal for my client charged with visiting a bawdy place and with disorderly conduct: First, I made a brief opening statement, where I tried not to introduce discovery that might not ever see the light of day...
Virginia reckless driving- Texting and driving will not be criminalized, for now
On January 18, 2017, the Virginia Senate Transportation Committee declined taking action on the bill, for now on Virginia Senate Bill 860, which would have criminalized texting and driving and most other cellphone use when coupled with any violation of the traffic code and other...
Criminal defense- Beware executive liability and the two-inference jury instruction
A January 19, 2017, opinion from the federal Fourth Circuit provides important insight into the criminal liability of corporate executives, and the so-called "two-inference" jury instruction. United States v. Blankenship
Virginia criminal law – Rebuttable presumptions are not okay; permissive inferences are okay
Criminal defendants are presumed innocent, so juries generally cannot be commanded to presume guilt from a set of circumstances and shift to the defendant the obligation to rebut that presumption. On the other hand, Virginia law does not prohibit trial judges from instructing juries on...
The presidential and gubernatorial power of pardoning convictions and commuting prison sentences
President Obama has commuted Chelsea Manning's (Born Bradley Manning) prison sentence from thirty-five years to seven years. Yes, prosecutors from his administration pushed for Manning's original sentence, but at least President Obama has tempered that with this commutation. Of course this commutation has raised the...
Dylann Roof’s quickly-imposed death sentence must not encourage quick death verdicts in other capital cases
Dylann Roof represented himself at his federal capital sentencing trial phase. He put forth no effort to prevent a death sentence, which helps explain how the jury quickly reached a death sentence verdict (within three hours of deliberation) at the sentencing phase The trial judge...
