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Monthly Archives: October 2007

Criminal – Drug Conspiracy – Oxycontin Sales (access required)

A defendant convicted of a drug trafficking conspiracy is not entitled to judgment of acquittal or a new trial on a charge of conspiring to possess with intent to distribute, or distributing, oxycodone in violation of 21 U.S.C. Sects. 846, ...

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Criminal – Sentencing – Advisory Guidelines (access required)

A defendant convicted of possession of a firearm as a convicted felon is sentenced to 77 months in prison, beyond the custody range of 46 to 57 months under federal sentencing guidelines recommendations, because defendant’s sexual deviancy requires further protection ...

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Search & Seizure – Traffic Stop – Locked Box In Trunk (access required)

A police officer who stopped defendant’s car after observing the driver not wearing a seatbelt, and who then observed a female passenger who was glassy-eyed and disheveled, stagger from the car, wearing dirty clothes and a sheer shirt that did ...

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Search & Seizure – Confidential Informant – Felon In Possession (access required)

The reliability of a police confidential informant and an arresting officer’s knowledge that defendant had been trying to sell a handgun in a high-crime, high-drug area did not provide reasonable suspicion for the officer to detain defendant and his conviction ...

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Search & Seizure – Reasonable Suspicion – Fast Walk From Car (access required)

A trial judge expressly determined that a police officer was more credible than defendant in saying he did not pull a taser gun from his holster until defendant was “digging” into his pockets after spotting the officer and walking away ...

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Child's condition worsens while awaiting transportation – $925,000 Settelment (access required)

Five-year-old Mattie Nauman went to Page Memorial Hospital in respiratory distress. The defendant emergency room physician arranged for the child to be transported to the University of Virginia Health System where she could receive more specialized care, but in the ...

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Neck injuries worsen months after collision – $450,000 Settlement (access required)

The defendant admitted liability because she ran a red light and the plaintiff’s van T-boned her vehicle at about 35 mph in April 2005. The plaintiff was the owner-operator of an auto repair shop and had not yet returned to ...

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Woman trips on cord to display at Wal-Mart – $500,000 Verdict (access required)

Plaintiff went to Wal-Mart on Sept. 2, 2005, to pick up medicine to treat her Crohn’s disease, which is incurable and causes inflammation of the intestines, among other problems. Steroids were prescribed to reduce the inflammation. As a consequence of ...

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