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Monthly Archives: April 2008

Criminal – Grand Jury – Use Immunity – Civil Contempt (access required)

A foreign national who says he fears reprisal and who has refused to testify before an Eastern District grand jury, despite being granted use immunity, is in contempt of court and will be held in custody until such time as ...

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Civil Rights – First Amendment – ABC Regs – Alcohol Ads – College Newspapers (access required)

Regulations of the Virginia Alcoholic Beverage Control Board that restrict advertising of alcohol in college newspapers, 3 VAC 5-20-40(A) and (B)(3), are unconstitutional, and the district court will issue an injunction against enforcement of the regulations. First, the court holds ...

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Criminal – Habeas Corpus – Ineffective Assistance -Parole Eligibility (access required)

A drug defendant who alleges he received constitutionally ineffective assistance of counsel because he was not advised that he would be ineligible for parole if he pleaded guilty has not stated a claim for federal habeas relief, even if the ...

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Civil Rights – Va. FOIA – Prisoner Request – Hepatitis Protocol (access required)

The Virginia Department of Corrections did not violate the civil rights of a Virginia inmate who has hepatitis C when it denied his request under the Virginia Freedom of Information Act for copies of the prison treatment protocol for inmates ...

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‘Kiss my sanctions’ may not be enough

Once again, when trial judges and lawyers convene, the talk turns to Benitez, the Virginia Supreme Court sanctions case. The venue this time? A panel of circuit court judges at the Virginia Trial Lawyers Association annual meeting on March 28, ...

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Judge sees parents as key to preventing underage drinking

Salem and Roanoke County Juvenile Court Judge Philip Trompeter says, in his perfect world, parents would have to undergo training in the dangers of alcohol and drugs before their children move up to middle school and beyond. Speaking to a ...

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Obenshain ponders run for AG

State Senator Mark Obenshain of Harrisonburg is considering a run for the G.O.P. nomination for Attorney General, according to the Daily News Record.

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The perils of lawyering

A Richmond lawyer representing plaintiffs in a racial discrimination lawsuit claims that he and his wife were threatened with harassment by a Roanoke hate group leader, according to this item in The Virginian-Pilot. Troutman Sanders attorney Kevin Mottley is seeking ...

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File pass-off can’t pump fee award

As March Madness wanes, like a hoopster’s fadeaway jumper, indulge us please in one more basketball reference. We can’t let a good one get away. Charlottesville’s U.S. Magistrate Judge B. Waugh Crigler already had decided to award fees to lawyers ...

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