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Monthly Archives: March 2009

Criminal – Drug Conspiracy – Jury Instruction (access required)

An Abingdon U.S. District Court says it did not err when it responded to a question from the jury during deliberations, after consultation with counsel, by bringing the jury back into the courtroom, stating he did not understand what question ...

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Contract – Arbitration Clause – Purchase Order (access required)

In this dispute between a buyer and sellers of coal, a Big Stone Gap U.S. District Court says the parties must arbitrate a dispute under a 2008 purchase order’s arbitration clause, that has appeared in their several purchase orders, even ...

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Bankruptcy – Jurisdiction – Student Loan Discharge – Ch. 13 (access required)

A Chapter 13 debtor who was dunned by a student loan creditor after she made all her plan payments and received a discharge, due to error in the bankruptcy trustee’s final report and the creditor’s failure to monitor payments under ...

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Criminal – Habeas Corpus – Death Penalty – Mental Retardation (access required)

A Roanoke U.S. District Court denies a habeas petition from a death-row defendant who alleges his lawyer provided ineffective assistance of counsel by failing to present to the jury a claim that he was ineligible for the death penalty under ...

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Employment – Contract – Termination Benefits (access required)

In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, ...

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Criminal – Sentencing – Crack Cocaine Disparity (access required)

In a perjury and obstruction-of-justice case that has been to the U.S. Supreme Court and back, a Norfolk U.S. District Court judge holds that the former sentencing disparity between crack and powder cocaine did not yield a sentence greater than ...

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Criminal – Sentencing – False Tax Returns (access required)

For a serial tax evader who has not filed a good faith tax return since 1985, has been twice incarcerated for tax violations and was on supervised release when he committed the present offenses, a Richmond U.S. District Judge grants ...

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Criminal – Habeas Corpus – Limitations – Equitable Tolling (access required)

Routine incidents of prison life, such as transfers and delay in receiving notary services, are not extraordinary circumstances that would allow equitable tolling of the statute of limitations for filing a federal habeas petition, an Alexandria U.S. District Court says. ...

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Administrative – Firearms Dealer – License Revocation – Pawn Shop (access required)

A pawn shop’s deficient recordkeeping for the “Acquisition and Disposition Record” required of federally licensed firearms dealers that led to a revocation of the shop’s firearms license supports a decision to revoke the shop’s license, and a Norfolk U.S. District ...

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