Notable Cases/Articles

Below is a collection articles that detail a representative sampling of my past successes and notable cases (links open in new window):


REPRESENTATIVE APPELLATE CASES

  • David Moore v. Commonwealth, 259 Va. 431, 527 S.E.2d 406 (2000)
  • Griffin v. Commonwealth, 19 Va. App. 619, 454 S.E.2d 363 (1995)
  • Boney v. Commonwealth, 16 Va. App. 638, 432 S.E.2d 7 (1993)
  • Maddox v. Commonwealth, 2000 Va. App. LEXIS575
  • Allison v. Commonwealth, 1995 Va. App. LEXIS754

RECENT NOTABLE CASES

Commonwealth v. Ludwig, Loudoun County Circuit Court, 2006

Mr. Ludwig, a U.S. Marshall, was accused of killing his wife by shooting her at point blank range five times.

The defense was unique in that recovered memory evidence was presented to explain how the purported confession was incomplete and therefore inaccurate. The recovered memory involved a claim of self-defense that was not contained in Mr. Ludwig's statement to the police.

The jury found Mr. Ludwig guilty of manslaughter and sentenced him to three years. They also found him guilty for the use of a firearm which has a mandatory sentence of three years.

United States v. Rivera et al. - U.S. District Court EDVA, 2005

A federal death penalty case involving four co-defendants alleged to have conspired and committed the murder of a federal witness scheduled to testify in another murder case involving the gang known as "MS-13." After several weeks of trial, the jury acquitted Oscar Garcia Orellana of all counts in the indictment. In the trial, it was proven that the allegation of a conspiracy between Mr. Garcia and Mr. Rivera was at best inaccurate. This unraveled the government's case. Both Mr. Rivera and Mr. Garcia were acquitted. A story on the case was aired on "60 Minutes."

Commonwealth v. McLaughlin, Circuit Court of Loudoun County, 2003

Counsel secured a new trial for Mr. McLaughlin when his writ of habeas corpus was granted. Mr. McLaughlin, an attorney who had been convicted of molesting his children during the pendency of a custody battle with his wife, was acquitted of all charges upon retrial. The defense was unique in that expert evidence was admitted on the issue of suggestibility and false memories. The theory of the defense was that the mother induced her children to make false accusations against the father.

Counsel was subsequently able to have the father awarded joint custody of his children. A story covering the case was aired on "20/20." Mr. Levay was named "Litigator of the Month," by the National Law Journal for his work on the case.