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Monthly Archives: September 2010

Civil Rights – Excessive Force – Reach For Taser – Gunshot In Elbow (access required)

A Maryland deputy who reached for his Taser, but grabbed his Glock instead when he tried to execute a warrant after defendant failed to appear on a child support-related charge, has qualified immunity from the man’s suit under 42 U.S.C. ...

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Criminal – Sentencing – ACCA Enhancement – Indecent Liberties – N.C. Law (access required)

A defendant’s sentence for firearm possession can be enhanced under the Armed Career Criminal Act, based on his prior convictions in North Carolina for taking indecent liberties with a child, the 4th Circuit says. This appeal presents the question whether ...

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Criminal – Competency – Forcible Medication – Nonviolent Crime (access required)

The 4th Circuit reverses a trial court order that allowed forcible medication of a defendant, charged with conspiracy and credit-card fraud, who suffers from delusional disorder and has been determined to be incompetent to stand trial. Kimberly White, who suffers ...

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Court wants do-over of GPS case

On its own motion, the Virginia Court of Appeals has decided to hear en banc its Sept. 7 decision upholding use of a warrantless GPS device on a man suspected of multiple sexual assaults in the Arlington area. Judge Randolph ...

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Writs granted and denied by Supreme Court

The Supreme Court of Virginia held its writ panel session earlier this month, and has issued the first flush of petitions for appeal granted. Nursing home arbitration, the slayer statute, and an allegedly excessive $9 million jury award are among ...

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High court won’t rehear church property case (access required)

The Supreme Court of Virginia has refused to rehear its June decision to remand a dispute over Episcopal church property to the Fairfax trial court. A unanimous high court said in June that nine Episcopal parishes in Northern Virginia that ...

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Value of trailer park is appeal issue (access required)

When a Campbell County landfill was found responsible for groundwater pollution at a Rustburg mobile home park, a jury was asked to fix the damages the county owed to the landowners. The jury’s $9-million award is the subject of an ...

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Audit: $500M for transportation unspent (access required)

An inattentive Virginia transportation bureaucracy left nearly $500 million unspent last year as interstate rest stops were shuttered and maintenance projects deferred by emergency budget cuts, a private audit shows. The four-month review of the Virginia Department of Transportation’s finances ...

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Gaming cafes targeted for illegal gambling (access required)

VIRGINIA BEACH—Virginia Beach police are targeting Internet gaming cafes suspected of conducting illegal gambling. The Virginian-Pilot reports that police raided 11 gaming centers Wednesday and confiscated at least 400 computers. No arrests were made. Commonwealth’s Attorney Harvey Bryant says the ...

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ACLU: Whistleblower law tramples right of free speech (access required)

The secrecy part of a federal whistleblower law undermines the nation’s open court system and tramples on the right to free speech, a lawyer for the American Civil Liberties Union told an appeals court Tuesday. Attorney Christopher A. Hansen urged ...

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