Supreme Court
Virginia cops have only narrow exceptions for warrantless home entry
Virginia cops and other police nationwide are aware of the concept of a community caretaking function, which they and prosecutors try to use in the absence of any other possible justifiable grounds for searching and seizing people and their property, and for entering their homes....
Split on Supreme Court on capital cases – Virginia criminal lawyer
Split 5-4 capital punishment decisions will keep arising with the Supreme Court's hardcore death penalty greenlighters (Justices Thomas, Alito and Gorsuch), the usual remaining members of that five (Chief Justice Roberts and Justice Kavanaugh) and the four more "liberal" justices who at least question the...
Capital defendants are humans – Treat them with dignity
Capital punishment in the United States has proceeded somewhat away from an arbitrary and capricious system that previously allowed judges rather than juries to decide a death sentence, and for people to be executed for crimes other than murder. As a Fairfax criminal lawyer, I...
Virginia criminal defense- Cases for challenging searches after a traffic stop
When I started doing criminal defense in 1991, I was reminded that drug cases often are won or lost by whether the drugs get suppressed. Seeking suppression of physical evidence is important in any criminal case alleging possession of contraband, and beyond, which is why...
SCOTUS- For double jeopardy, a criminal defendant has burden to show an acquittal happened
In Bravo-Fernandez v. U.S., ___ U.S. ___ (Nov. 29, 2016), the jury returned inconsistent verdicts of conviction and acquittal under separate counts of the same statute. Bravo-Fernandez got his conviction overturned on appeal due to erroneous jury instructions, therefor enabling a retrial.
SCOTUS bars capital sentencing recommendations from victims’ families
Today's Bosse decision is more monumental than might first meet the eye. The United States Supreme Court has at least three justices that are very friendly to preserving the death penalty.
SCOTUS strengthens giving retroactive effect to its procedural opinions benefitting criminal defendants
Today, the U.S. Supreme Court gave retrospective effect to Miller v. Alabama, 567 U. S. ___ (2012), which prohibits mandatory, versus discretionary, life without parole sentences for those who committed crimes while under eighteen years old.
Former Virginia government Bob McDonnell obtains rare Supreme Court prison stay
Sentenced to two years in prison for public corruption, former Virginia governor Bob McDonnell has by now spent substantially more funds than any financial benefit he obtained from his convicted corruption, on top of great angst and likely losing any chance of becoming president or...
