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Monthly Archives: December 2009

Search & Seizure – Traffic Stop – Firearm Seizure – Plain View (access required)

The 4th Circuit upholds the search and defendant’s conviction as a felon in possession of a firearm; Arizona v. Gant does not apply to this case because the deputy lawfully seized defendant’s pistol when he saw it on the passenger-side ...

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Criminal – Restitution – Kidnapping & Murder Accessory – MVRA (access required)

A sentencing court erred when it held two defendants jointly and severally liable as accessories after the fact for additional restitution of $1.4 million to the estate of an 18-year-old kidnapping and murder victim, who as a member of the ...

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Criminal – Prosecutor Closing Argument – Witness Bolstering (access required)

A prosecutor’s use during closing argument of the informal, “I’m convinced” and “I think,” instead of “I submit” or “I contend,” did not constitute improper vouching for a government witness, and the trial court did not err in denying a ...

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Baby formula maker faced ‘aggressive’ competitor (access required)

A Virginia-based maker of store-brand baby formula last month won a $13.5-million false advertising jury verdict against the maker of a leading brand that undertook what the judge termed an “aggressive and risky” comparison marketing campaign. Not only did the ...

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Obituary (access required)

Philip Scott Walker Philip S. Walker, a retired attorney who argued civil rights cases on the Peninsula in the 1950s, died Dec. 6. He was 87. The son of an attorney, Mr. Walker graduated from Virginia Union University and Howard ...

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Criminal – Felon In Possession – Prior Convictions – Violent Felonies (access required)

A felon with a firearm should have been sentenced as an Armed Career Criminal, the 4th Circuit says, because, contrary to the district court’s holding, a 2008 U.S. Supreme Court decision did not effectively overrule 4th Circuit law that says ...

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Municipal – Police Commissioner Firing – Reinstatement (access required)

The 4th Circuit upholds dismissal of a suit filed by the former Baltimore police commissioner and two top deputies who allege that, despite a contract that allowed the commissioner’s discharge without cause, the defendant mayor allegedly failed to fire the ...

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