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Criminal Practice – Magistrate's Recommendation – Objections – Same Arguments - Vimarsana News

Criminal Practice – Magistrate's Recommendation – Objections – Same Arguments

Even if petitioner’s objection to the magistrate judge’s recommended decision repeated his previous arguments, his objection was sufficiently specific because it alerted the district court that he believed the magistrate judge had erred in recommending dismissal of his claims. The pro se construction owed to petitioner makes his grounds even clearer. By adopting the magistrate

Criminal Practice – Felon in Possession – Rehaif Error – Collateral Review - Vimarsana News

Criminal Practice – Felon in Possession – Rehaif Error – Collateral Review

In Rehaif v. United States, 139 S. Ct. 2191 (2019), the Supreme Court announced a new substantive rule that applies retroactively on collateral review. Rehaif held that a person commits a firearms-possession offense only if he knew that he belonged to the relevant category of persons barred from possessing a firearm. Rehaif therefore altered the

Criminal Practice – Sentencing – First Step Act & Fair Sentencing Act – Within Guidelines Range - Vimarsana News

Criminal Practice – Sentencing – First Step Act & Fair Sentencing Act – Within Guidelines Range

Although the resentencing process set out in United States v. Chambers, 956 F.3d 667, 673–75 (4th Cir. 2020), does not survive Concepcion v. United States, 142 S. Ct. 2389 (2022), the district court nevertheless correctly retained defendant’s original sentence after application of the First Step Act and the Fair Sentencing Act. We affirm the district

Criminal Practice – Child Abuse – Statutory Reclassification – First Impression - Vimarsana News

Criminal Practice – Child Abuse – Statutory Reclassification – First Impression

The state’s evidence showed a range of dates on which defendant abused his domestic partner’s daughter, “Margot.” During that range, the General Assembly reclassified the offense of intentional child abuse inflicting serious bodily injury (ICAISBI) from a Class C felony to a Class B2 felony; the offense of intentional child abuse inflicting serious physical injury

Criminal Practice – Jury & Jurors – Batson Challenge – Criminal Records – Fairness & Impartiality - Vimarsana News

Criminal Practice – Jury & Jurors – Batson Challenge – Criminal Records – Fairness & Impartiality

At jury selection for the Black defendant’s trial for assault on a white police officer, there were only four Black potential jurors in the jury pool. The prosecutor used peremptory strikes against two of the Black jurors, used peremptory strikes against no white jurors, and accepted one Black juror – after the trial court resolved