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There is no “Pokemon Go” defense to Trespassing in Virginia

The recent release of the game “Pokemon GO” has gotten literally millions of people out of their homes and out into public chasing elusive virtual monsters. The game is played using a smartphone and GPS. It generates “Pokemon” (Japanese for “Pocket Monsters”) that can be caught if you travel to their position. Yes, it’s a video game you “play” by traveling to various locations throughout the real world. Judging by the numbers alone, the game is, quite obviously, a big hit. I think that at the very least it’s great to see all these people out and about. But despite this, there have already been some strange incidents associated withRead More …


SCoVA Addresses Elements of Duress Defense

On July 14, 2016 the Supreme Court of Virginia, in Edmonds v. Commonwealth of Virginia adopted the Court of Appeals’s formulation of the duress defense found in Buckley v. City of Falls Church, 371 S.E.2d 827, 827-28 (1988) and reiterated in Humphrey v. Commonwealth,  553 S.E.2d 546, 550 (2001). To use the defense of duress or necessity, the offender must show: (1) a reasonable belief that the action was necessary to avoid an imminent threatened harm; (2) a lack of other adequate mans to avoid the threatened harm; and (3) a direct causal relationship that may be reasonably anticipated between the action taken and the avoidance of the harm. Humphrey, 553 S.E.2d at 550.Read More …


Military Appellate Courts address “gross negligence” in the handling of classified materials in the 1995 case of United States v. Roller

In 1991, Marine Corps Sergeant Rickie L. Roller was an intelligence specialist responsible for “code word” and other classified materials that came into the intelligence division at Headquarters, USMC, in Washington D.C.  Like many other intelligence analysts, he worked in a sensitive compartmented intelligence facility (SCIF). SCIF’s themselves are secured buildings in which intelligence analysts can openly store classified material. This is possible because the whole building is secured and all of its occupants have clearances. Over the course of several months, Sgt Roller accumulated classified materials he worked with in his desk. It appears from the record, that Sergeant Roller did not have a very good relationship with hisRead More …