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Fairfax misdemeanor prosecutions without prosecutors risk dismissal

Fairfax misdemeanor prosecutions without a prosecutor now risk dismissal more than ever Fairfax misdemeanor prosecutions without prosecutors have been common in the majority of this county’s misdemeanor cases for most of 2020 through present, except for lawyers from the commonwealth’s attorney’s office being routinely involved...

Hidden exculpatory evidence does not automatically reverse a conviction

Prosecutors risk dangerous territory not to overdisclose evidence to criminal defense lawyers. Otherwise, the prosecution must spend more energy and time -- both of which they have in short supply -- to avoid violating the Fifth Amendment's Due Process Clause “if it withholds evidence...

My visit today to Supreme Court criminal oral arguments

During each year's United States Supreme Court term, I try to attend a morning oral argument session, which typically is on a date that got continued or resolved for one of my own court dates. Today, I hit the jackpot by hearing two particularly important...

Virginia — The land that turned its back on Jencks

Virginia has not joined the jurisdictions that require providing criminal defendants a prosecution witness's written statements and substance of oral statements after the witness testifies for the prosecution. This rule is known as the Jencks Act, 18 U.S.C. § 3500. All federal prosecutions are governed...