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Home / 2007 / March (page 4)

Monthly Archives: March 2007

Administrative – Black Lung Benefits – Responsible Operator (access required)

A coal mine operator at whose fabricating shop in Bluefield, W.Va. claimant worked performing maintenance and repair on coal tipples wins its suit challenging the Benefits Review Board’s designation of it as the party responsible for paying black lung benefits ...

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Criminal – Terrorist Trial – Discovery – Non- Public Materials (access required)

An Eastern District of Virginia federal judge presiding over the criminal trial of accused terrorist Zacarias Moussaoui exceeded her authority governing discovery issues when she ordered the government to provide certain victims of the September 11 attacks non-public discovery materials ...

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Search & Seizure – Vehicle Search – Traffic Stop – Van's Hidden Compartments (access required)

A police officer who first learned of hidden compartments in defendant’s Mazda van when employees of the Mazda dealership repairing the van for defendant called the officer to examine hidden compartments in the van, did not violate defendant’s Fourth Amendment ...

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Search & Seizure – Vehicle Stop – Anonymous Tip – Drunken Driver (access required)

Police did not violate a defendant’s Fourth Amendment rights when they stopped his truck and handcuffed him, based on a tip by a caller who identified herself to the 911 operator but not to police, that included detailed information about ...

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Securities – Securities Fraud – Misrepresentations – Family Fight (access required)

A class of investors has failed to state a claim against Cree Inc., a high-tech business in Durham, N.C., for securities fraud under Sect. 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, based on allegations that Cree ...

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Criminal – Aggravated Malicious Wounding – Jury Instruction – Timing (access required)

A defendant’s convictions of aggravated malicious wounding and use of a firearm are affirmed despite his claim that the trial court’s jury instruction delivered after his closing argument and before the commonwealth’s rebuttal closing argument was error. Here, the court’s ...

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Criminal – Armed Robbery – Scope Of Cross- Exam – Proffer (access required)

A defendant’s conviction of armed robbery of a taxi cab driver is affirmed even though the trial judge limited defendant’s opportunity to cross-examine a prosecution witness about his “prior history of testifying on behalf of the commonwealth to work a ...

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Criminal – Attempted Rape – Intent (access required)

A defendant who commented on a woman’s appearance, followed her, asked her “for a favor,” and then grabbed her, got on top of her and tried to pull her pants down, showed intent to rape and his conviction of attempted ...

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Criminal – Bad Check – Intent To Defraud (access required)

Although defendant claims she never received notice that a check she had written to Costco was returned for insufficient funds until she was served with a warrant for felony bad check, at which time she paid the amount, the trial ...

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Criminal – Cocaine Possession – Concealed Weapon Suspicion (access required)

An officer who approached defendant was involved in a consensual encounter and had reasonable suspicion to physically seize and pat down defendant when she thought defendant was reaching for a weapon. We hold that this seizure did not offend the ...

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