However, the defendant's lawyer recently tried to challenge the jurisdiction of the case, probably their last resort, by claiming that the case should be in Federal court rather than VA State Courts. Their argument was that there existed a "diversity of citizenship" because the offender had previously resided in Maryland. How long ago did he live in Maryland?
Well he was arrested in 2005, served time in VA, and had been living in Richmond since 2001 at the latest with countless documents listing his residence in Virginia. Needless to say, the court ruled that the man was a citizen of Virginia for all intents and purposes and the case was remanded to VA courts. Talk about a last ditch effort, not even sure what the point was anyways. It's hard to find any court that looks anything close to favorably on sex offenders. Read the entire court opinion on this child molester case here .