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Monthly Archives: February 2011

Complete Frivolity Needed for ‘Three Strikes’ Rule (access required)

The “three strikes” rule that prohibits a prisoner from proceeding in forma pauperis if he previously filed three or more actions dismissed as frivolous only applies to actions dismissed entirely as frivolous, malicious or for failure to state a claim; ...

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Student scores $5M verdict against The Virginian-Pilot (access required)

Patrick Bristol, a student at Chesapeake’s Great Bridge High School, told a reporter for The Virginian-Pilot that fellow student Kevin Webb routinely shoved and taunted him at school. The Pilot reported that allegation as fact, an assertion that Webb denied ...

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Melendez-Diaz found not guilty

The U.S. Supreme Court case of Melendez-Diaz v. Massachusetts was one of the bigger criminal cases of the previous decade in establishing that laboratory experts generally must testify in person rather than by affidavit. But what happened to Luis Melendez-Diaz, ...

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Court to rehear case decided in September (access required)

Indemnification agreements in construction contracts and just what they mean for the parties and their insurers is challenging material for the best lawyer, so you folks who bothered to read and comprehend Uniwest Construction Inc. v. Amtech Elevator Services Inc. ...

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Court short-handed for writ panels (access required)

The Supreme Court of Virginia is grappling with a lack of bench strength. The court was able to muster only two three-justice panels rather than the usual three today to hear about 80 10-minute arguments in support of petitions for ...

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Habeas Writ Reversed for Jurors’ Dictionary Use (access required)

Although jurors consulted a dictionary for definitions of terms in the judge’s criminal instructions after defendant drove his car the wrong way down an exit ramp, the 4th Circuit says defendant was not prejudiced because the dictionary definitions did not ...

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