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Fairfax defendant gets judicial relief for prosecutorial disclosure violation

Fairfax defendant obtains partial judicial relief over prosecutor’s failure to timely disclose exculpatory evidence, Fairfax defendant exposes serious exculpatory evidence disclosure violation. As a Fairfax criminal lawyer, I read with great interest that a Circuit Court judge took the prosecutor’s office to task for a...

A self defense claim requires being in imminent danger of harm

When a homicide defendant knows s/he will be found to have caused the decedent's death, the defendant often finds himself or herself pursuing a self defense claim, or else a claim of a lesser level of culpability than first degree murder (for instance manslaughter or...

Enabling the jury to convict on a lesser count

In Virginia, “'A defendant is entitled to have the jury instructed only on those theories of the case that are supported by [more than a scintilla of] evidence.'" Witherow v. Virginia, ___ Va. App. ___ (Dec. 1, 2015) (quoting Eaton v. Virginia, 240 Va....