Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

2010

PDF

Selected Works

SelectedWorks

Kevin R Pettrey

Articles 1 - 2 of 2

Full-Text Articles in Law

Disabling Able: Why The Virginia Supreme Court Must Address Recent Changes In Narcotics Distribution Law, Kevin R. Pettrey Aug 2010

Disabling Able: Why The Virginia Supreme Court Must Address Recent Changes In Narcotics Distribution Law, Kevin R. Pettrey

Kevin R Pettrey

The Virginia General Assembly has proscribed distributing narcotics within the Commonwealth. In order to further deter this illegal activity, increased punishments for repeat offenders have been established. However, what a charging document must allege changed in 2009 but these technical requirements are not always complied with. Prior to 2009, Virginia Code § 18.2-248 only required that a conviction be a “second or subsequent conviction” in order to qualify a defendant for a heightened sentence. In 2009, the Virginia General Assembly passed HB 2362 which required charging documents to allege that a defendant was convicted of violating Virginia Code § 18.2-248 ...


Can The American People, Through Their Legislature, Determine What Remedy Should Be Available For Fourth Amendment Violations?, Kevin R. Pettrey Aug 2010

Can The American People, Through Their Legislature, Determine What Remedy Should Be Available For Fourth Amendment Violations?, Kevin R. Pettrey

Kevin R Pettrey

The United States Supreme Court, in Hudson and Herring, has opened the door to possible alternative Fourth Amendment remedies. Due to these recent cases, Congress and the states may have room to maneuver legislatively to create a remedy of another kind. This article proposes a statute to serve as an alternative remedy and supports the statute's constitutionality through a careful analysis of Supreme Court jurisprudence on the Fourth Amendment and related topics.