The Court of Appeals of Virginia has affirmed the convictions of Dean Anton Vitasek, who was found guilty on numerous charges stemming from a highly volatile confrontation with two Virginia Beach police officers in May 2023. Vitasek appealed, challenging the evidence for three specific felony convictions and arguing that his…
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Magistrates Can Issue Custody Orders for Sexually Violent Predators, Virginia Appeals Court Rules
The Court of Appeals of Virginia has overturned a circuit court order that sought to restrict which judicial officers could issue Emergency Custody Orders (ECOs) for a designated sexually violent predator, William Messenger. The appellate court firmly stated that under Virginia’s Sexually Violent Predators Act (SVPA), magistrates—not just circuit courts—have…
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Tenth Circuit Upholds Denial of Habeas Relief in High-Profile Murder Appeal
The U.S. Court of Appeals for the Tenth Circuit has affirmed the denial of federal habeas corpus relief to Brenda Andrew, convicted and sentenced to death for the first-degree murder of her husband, Rob Andrew. The court’s decision centered on Ms. Andrew’s sole remaining claim: that the introduction of evidence…
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Parolee Loses Fight for “Erroneous Liberty” Credit, But Board Must Explain Denial of Other Time Off
The Pennsylvania Commonwealth Court has issued a nuanced ruling concerning Vernon Robinson, a parolee whose sentence calculations were challenged after a complex series of violations and subsequent incarcerations. While the court sided with the Pennsylvania Parole Board (Board) in denying Robinson credit for time he spent out of custody following…
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Seventh Circuit Upholds Conviction, Finds Brief Courtroom Closure Trivial
A federal appeals court has affirmed the drug and firearm conviction of Michael J. Yumang, rejecting his claims that a brief closure of the courtroom during his bench trial violated his Sixth Amendment right to a public trial, and that the exclusion of certain cross-examination questions was an error. The…
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Meth Bust Driver Fails to Overturn Meth Possession Conviction or 12-Year Sentence
The Indiana Court of Appeals has upheld the conviction and sentence of Taylor D. Hunt, who was found unconscious at a stoplight with a handgun and baggies of suspected methamphetamine. Hunt had challenged the sufficiency of the evidence supporting his conviction for possession of methamphetamine and argued that his 12-year…
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Drug Dog Sniff at Apartment Door Crosses Constitutional Line, Appeals Court Rules
The Georgia Court of Appeals has affirmed a lower court’s decision to suppress evidence seized from James Willie West’s apartment, ruling that using a drug-sniffing dog directly against his front door seal constituted an unconstitutional search. The ruling hinges on the idea that while police can generally use dogs in…
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Court Upholds Sentence in Fatal Shooting: Reckless Assault Qualifies as “Crime of Violence”
The Tennessee Court of Criminal Appeals has affirmed the convictions and sentencing of Keion Lamonte Jemison, who was convicted in connection with the 2022 shooting death of Danny Dixson, Jr. The central issue on appeal was whether Jemison’s prior conviction for “reckless aggravated assault” qualified as a “crime of violence,”…
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Iowa Supreme Court Strikes Down Plea Deals Requiring Costs on Dismissed Charges
The Iowa Supreme Court has ruled that district courts lack the statutory authority to order defendants to pay costs associated with criminal charges that are ultimately dismissed as part of a plea agreement, even if the defendant explicitly agrees to this condition. In a significant ruling that impacts criminal plea…
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Sixth Circuit Upholds Denial of Death Row Inmate’s Habeas Petition
The U.S. Court of Appeals for the Sixth Circuit has affirmed the denial of a federal habeas corpus petition filed by Donald Herb Johnson, a Kentucky inmate sentenced to death for a brutal murder committed over three decades ago. The court found that Johnson failed to meet the stringent standards…