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Monthly Archives: April 2009

Tort – Fraud – Dog Breeding – Veterinary Malpractice (access required)

Plaintiff owners of prize-winning Boykin spaniels who allege that defendant veterinarian failed to use appropriate methods to freeze and store semen for the dogs for use in future breeding, and committed malpractice when freezing and storing the samples, have their ...

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Employment Discrimination – Title VII – Exhaustion Of Remedies (access required)

A Richmond U.S. District Court dismisses this employment discrimination suit filed by a security specialist at the Naval Surface Warfare Center in Dahlgren, Va., alleging gender discrimination, retaliation and harassment by her supervisor and a coworker, including an incident in ...

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Civil Rights – Excessive Force – Attempted Arrest (access required)

A woman who alleges she was brutally shoved aside and assaulted as she challenged sheriff’s deputies who were attempting to arrest her son on a warrant charging drug and firearm offenses, has her complaint dismissed by a Norfolk U.S. District ...

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Criminal – Sentencing – Upward Variance (access required)

Based on his significant criminal history, which includes violent offenses in addition to a pattern of drug-related crimes, and defendant’s clearly demonstrated refusal to respect the law, a Richmond U.S. District Court concludes the facts and circumstances of this case ...

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Criminal – Habeas Corpus – Plea Bargain – Booker Claim (access required)

The 4th Circuit denies rehearing en banc to a defendant the appellate court says knowingly and voluntarily waived his right to direct appeal when he pleaded guilty to heroin conspiracy in 2004; defendant cannot escape the consequences of that plea ...

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Criminal – Death Penalty – Carjacking – Juror Misconduct (access required)

Although errors may have occurred at defendant’s trial for carjacking and capital murder, including a jury foreperson having improper contact with several news media outlets during the penalty phase of the trial, the 4th Circuit upholds defendant’s capital murder conviction ...

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Commercial – Antitrust – Mortuary Industry – Md. Law (access required)

The Maryland Morticians & Funeral Directors’ Act, which prohibits corporate ownership of mortician’s licenses and funeral establishments, and unlicensed individual ownership of funeral establishments, does not violate federal constitutional provisions, including the dormant Commerce Clause, and the 4th Circuit reverses ...

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Criminal – Pre-Release DNA Demand – Ex Post Facto Challenge (access required)

A statute’s requirement that prisoners provide DNA samples for South Carolina’s DNA bank prior to parole or release does not violate the Ex Post Facto Clause of the U.S. Constitution, but the 4th Circuit says the statutory provision requiring prisoners ...

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