Virginia Habeas Corpus Law
 

United States of America v. Justin Eugene Taylor

Alexandria, Virginia criminal defense lawyers represented the Defendant charged with three counts
of brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii).

For his participation in an unsuccessful robbery during which his accomplice shot a man, respondent Justin Taylor faced charges of violating the Hobbs Act, 18 U.S.C. § 1... More...
   $0 (06-21-2022 - VA)

Jason Park v. Commonwealth of Virginia

Richmond, Virginia - Criminal Defense lawyer represented defendant with k appealing his conviction for refusal of a breath test charge.



This appeal arises from an encounter that the appellant had with a police officer on
November 14, 2019. That day, Officer Aaron Ciarrocchi of the Fairfax Cou... More...    $0 (05-09-2022 - VA)

United States of America v. Gary Giovon Lynn

Richmond, VA - Criminal defense lawyer represented defendant with being a felon in possession of a firearm charge.



On January 4, 2016, Officer A.D. Gardner of the Winston-Salem Police
Department stopped a speeding vehicle occupied by Lynn along with two other
individuals. While standing near the vehicle, Officer Gardne... More...
   $0 (01-03-2022 - VA)

United States of America v. Kenneth Reid

Richmond, VA - Criminal defense lawyer represented defendant with appealing from the district court’s order denying his motion for the clerk to reissue a remand order, motion for a writ, motion for acquittal,
motion to appoint counsel, motion to correct his presentence report, and writ of habeas corpus.



We have re... More...
   $0 (12-03-2021 - VA)

Jason Laufetette Brooks v. Commonwealth of Virginia

Richmond, VA - Criminal defense attorney represented Defendant charged with six counts of grand larceny, six counts of grand larceny with intent to sell, three counts of unlawfully entering a vehicle, and three counts of damaging personal property belonging to another.



On March 13, 2017, Brooks was indicted for offenses that oc... More...
   $0 (05-18-2021 - VA)

Dustin Clinton Delp v. Commonwealth of Virginia












On appeal, we view the record in the light most favorable to ... More...
   $0 (08-29-2020 - VA)

Lenny Rock Kenner v. Commonwealth of Virginia


Need help finding a lawyer for representation concerning appealing a complaint for animate object sexual penetration, aggravated sexual battery, and custodial sexual abuse in Virginia?

Call 918-582-6422. It's Free.




On appeal, we consider the evidence and all reasonable inferences flowing from that ... More...
   $0 (01-30-2020 - VA)

Ryan Oneal Davis v. Commonwealth of Virginia

Call 888-354-4529 if you need a Criminal Defense Attorney in Virginia.



COURT OF APPEALS OF VIRGINIA



Ryan Oneal Davis (appellan... More...
   $0 (11-04-2019 - VA)

Nicholas Lennear v. ERic Wilson, Warden F.C.I. Petersburg




Petitioner Nicholas Lennear (Petitioner), a federal inmate, appeals a decision holding that prison officials did not violate Petitioners due process rights when the officials d... More...
   $0 (08-26-2019 - VA)

Dustin Scott Jones v. Commonwealth of Virginia


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At approximately 5:45 a.m. on October 6, 2015, Petersburg Police Officers Binford and
Seabridge observed a white Mercedes driv... More...
   $0 (05-11-2019 - VA)

Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia





The appellants son, P.R., was born on July 1, 2011. The appellant and P.R.s mother
resided together at the time of the birth, but... More...
   $0 (03-02-2019 - VA)

Calvin Darnell Butcher v. Commonwealth of Virginia




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Under well-settled principles of appellate review, we consider the evidence presented at
trial in the light most favorable to the Commonwealth, ... More...
   $0 (02-20-2019 - VA)

Arthur Anderson Warren v. Commonwealth of Virginia



Warren nets time for crimes against nature



We view the evidence in the light most favorable to the Commonwealth... More...
   $0 (02-20-2019 - VA)

United States of America v. Lee Boyd Malvo v. Randall Mathena, Chief Warden, Red Onion State Prison

Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

In Virginia in 2004, a defendant convicted of capital murder, who was at least 16 years old at the time of his crime, would be punished by either death or life imprisonment without the possibility of parole, unless the judge suspended his sentence. After a Virginia jury convicted Lee Boyd Malvo of two counts of capital murder based on homicides that he committed in 2002 when he was 17 years old, i... More...    $0 (06-24-2018 - VA)

Damian Stinnie v. Richard D. Holcomb

Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her drivers license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...    $0 (05-24-2018 - VA)

James Edward Mercer v. Commonwealth of Virginia

In March 2014, a Caroline County grand jury issued three indictments against Mercer for
distribution of a Schedule I or II drug in violation of Code 18.2-248. On April 10, 2014,
pursuant to Brady, Mercer filed a motion for disclosure of favorable evidence and statements. At
Mercers bench trial, on June 18, 2014, he entered a plea of not guilty. Additionally, Mercer
answer... More...
   $0 (03-28-2016 - VA)

Velasquez-Lopez v. Clarke

Velasquez-Lopez was indicted on 33 counts of taking indecent liberties with a child, in
violation of Code 18.2-370.1. Catherine Lea was appointed to represent Velasquez-Lopez, a
native of El Salvador who does not speak English. She communicated with him through the aid
of a court-appointed interpreter who was fluent in the Spanish language. Due to Leas concerns
regarding ... More...
   $0 (11-19-2015 - VA)

Escamilla v. Superintendent

Felipe Melendez Escamilla was admitted to the United States as a lawful permanent
resident in 1999. He was arrested in 2003, after being caught removing radios from automobiles,
and charged with one count of grand larceny and three counts of tampering with a vehicle.
Escamilla pled guilty in the General District Court of Stafford County to petit larceny and to the
three misde... More...
   $0 (10-29-2015 - VA)

Sayed Gad Omargharib v. Eric H. Holder, Jr.

In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board of Immigration Appeals (BIA) answered this question in the affirmative using the so-called modified categorical approach, as clari... More...    $0 (12-23-2014 - VA)

Thomas T. Prousalis, Jr. v. Charles E. Moore

Appellant Thomas Prousalis Jr. pled guilty to three counts arising from his fraudulent activity in connection with a client’s initial public offering. He now seeks habeas relief, contending that, in light of the Supreme Court’s intervening decision in Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011), the conduct for which he was convicted is no longer criminal. For... More...    $0 (05-07-2014 - VA)

William Scott MacDonald v. Tim Moose

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth’s criminal solicitation statute, found in section 18.2-29. The criminal so... More...    $0 (03-13-2013 - VA)

United States v. Shrader

Over the course of more than three decades, Thomas Creighton Shrader harassed and intimidated D.S. and later her husband R.S., causing them to fear for their safety and that of their children. He stands convicted after trial of two counts of stalking through the use of a facility of interstate commerce and one count of being a felon in possession of a firearm. Shrader raises multiple issues in th... More...    $0 (04-05-2012 - VA)

Timothy Hennis v. Frank Hemlick

In Schlesinger v. Councilman, 420 U.S. 738 (1975), the Supreme Court held that principles of comity, respect for the expertise of military judges, and judicial economy weigh against federal court intervention in pending court-martial proceedings and in favor of requiring exhaustion of all available remedies within the military justice system before a federal court’s collateral review ("Councilm... More...    $0 (01-17-2012 - VA)

Mary Wuesenberry v. Volvo Trucks North America Retiree

The question in this case is whether a collective bargaining agreement permitted Volvo to make unilateral changes to the health benefits of retirees from its New River Valley assembly plant after the agreement expired. After a jury determined that the parties did not intend to grant Volvo that power, the district court ordered the restoration of any health benefits lost due to Volvo’s changes an... More...    $0 (07-11-2011 - VA)

Newport News Holdings Corporation v. Virtual City Vision Incorporated, d/b/a VCV, Inc.

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r... More...
   $0 (04-18-2011 - VA)

PBM Products, LLC v. Mead Johnson & Company

Appellee PBM Products, LLC (PBM) filed this action pursuant to the Lanham Act, 15 U.S.C. §1125(a), against Appellant Mead Johnson & Company, LLC (Mead Johnson) alleging that Mead Johnson distributed more than 1.5 million direct-to-consumer mailers that falsely claimed PBM’s baby formula products were inferior to Mead Johnson’s baby formula products. After a jury found that Mead Johnson had en... More...    $0 (04-20-2011 - VA)

Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al.

Yaser Esam Hamdi filed a petition under 28 U.S.C. 2241 challenging the lawfulness of his confinement in the Norfolk Naval Brig.1 On this third and latest appeal, the United States challenges the district court's order requiring the production of various materials regarding Hamdi's status as an alleged enemy combatant. The district court certified for appeal the question of whether a declara... More...    $0 (01-14-2003 - VA)

Robert J. Zelnick v. Jonathan Ray Adams

In this appeal, we consider whether a contract for legal services entered into on behalf of a minor is voidable upon a plea of infancy or subject to enforcement as an implied contract for necessaries and, if enforceable, the basis for determining value of services rendered.

I. Facts and Proceedings Below

Jonathan Ray Adams ("Jonathan") was born on April 5, 1980, the natural chil... More...    $60000 (04-19-2002 - VA)

James Harvey v. Robert F. Horan, Jr.

James Harvey, a Virginia prisoner, seeks a constitutional right of access to DNA evidence under 42 U.S.C.  1983. The district court found that Harvey had a due process right of access to the DNA evi- dence and a right to conduct testing upon the evidence using technology that was unavailable at the time of his trial and at the time his conviction became final. The district court also conclude... More...    $0 (01-24-2002 - VA)

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