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Monthly Archives: February 2010

Intellectual Property – Corporate Identity Theft – Attorney’s Fees (access required)

A plaintiff who won an injunction and $20,000 in damages in this suit alleging appropriation of plaintiff’s identity as The Flexible Benefits Council, a lobbying organization, can collect attorney’s fees and costs, but the Alexandria U.S. District Court only allows ...

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Criminal – Ineffective Assistance – Mistrial Offer (access required)

The 4th Circuit says the trial lawyer for a former CEO convicted of mail and wire fraud did not render constitutionally ineffective assistance of counsel when he allegedly ignored defendant’s direction to accept the district court’s offer of a mistrial ...

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Criminal – Habeas – Ineffective Assistance (access required)

The 4th Circuit says a district court’s “de novo do-over” of a North Carolina murder defendant’s habeas claim alleging ineffective assistance was impermissible under the AEDPA, and it reverses a decision for defendant and remands for dismissal of his habeas ...

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Civil Rights – Police Dog Bite – Drunken Teen – Qualified Immunity (access required)

A police officer who used his “find-and-bite” patrol dog to search for a 13-year-old boy reportedly suffering from alcohol intoxication and hypothermia has qualified immunity from the boy’s suit for violation of his Fourth Amendment rights after the police dog ...

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Criminal – Interlocutory Appeal – Contempt Order – Lawyer’s Files (access required)

The 4th Circuit says it’s ironic that a lawyer under investigation for fraudulent billing of the West Virginia Public Defender Services has to comply with a district court’s order to produce documents for privilege review, in order to appeal her ...

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Criminal – Sentencing – Standard Of Review – Plain Error (access required)

When a defendant objects to a district court that it has failed to consider 18 U.S.C. § 3553(a)’s required sentencing factors and give an adequate explanation for its sentence, the 4th Circuit reviews the claim under an abuse-of-discretion standard, but ...

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Criminal – Sentencing – Career Criminal – Violent Felonies (access required)

The 4th Circuit rejects a North Carolina defendant’s argument that his prior “violent felonies” of B&E do not add up for sentencing as an armed career criminal because multiple offenses were committed on the same occasions, as in his breaking ...

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Williams Mullen gets gag order in civil case

Unhappy with a published report about settlement talks and tawdry comments on a radio show, Richmond’s Williams Mullen law firm had a judge impose a gag order on the parties and their lawyers in a sexual harassment lawsuit against the ...

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