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Yearly Archives: 2010

Insurance – Contract – Life Insurance Proceeds – Policy Cancellation (access required)

Even allowing for a widow’s testimony about a letter to cancel a life insurance policy being an effort to cancel payment through an automatic debit and about her husband’s decision to continue the policy, supposedly in a “grace period,” after ...

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Criminal – Habeas Corpus – Ineffective Assistance – Appeal Consult (access required)

A criminal defense lawyer who told a convicted murderer, “The jury has spoken. What possible grounds are there for any appeal?” and who failed to discuss a possible appeal with the defendant provided constitutionally ineffective assistance of counsel, and the ...

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Criminal – Sentencing Guidelines – PSR – Prior Convictions (access required)

The 4th Circuit affirms defendant’s convictions on multiple drug offenses and his 360-month sentence in excess of his properly calculated advisory guidelines sentencing range. Defendant first challenges evidence from John Redmon, a convicted felon who was a key prosecution witness. ...

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Criminal – Misjoinder – Carjacking – Felon In Possession (access required)

Trying defendant’s firearm possession charge with charges arising from a carjacking several weeks earlier was an improper joinder under Fed. R. Crim. P. 8; it was prejudicial to defendant, as the evidence on the firearm charge was overwhelming, but the ...

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Search & Seizure – Traffic Stop – Protective Search – Felon In Possession  (access required)

When police responded to a report of a “man with a gun” and an informant at the motel identified defendant leaving in his white Cadillac as the man with the gun, an officer didn’t violate the Fourth Amendment he promptly ...

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