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Monthly Archives: October 2011

No Appeal Advice Was ‘Ineffective Assistance’ (access required)

A Harrisonburg U.S. District Court Magistrate Judge recommends granting defendant’s 28 U.S.C. § 2255 motion for post-conviction relief and vacatur of his sentence, to allow him to seek direct review of his conviction for drug conspiracy; defense counsel’s advice and ...

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Sleep Apnea Condition Supports Disability Claim (access required)

A Roanoke U.S. District Court refuses to dismiss an IT specialist’s claim that his former employer Radford University violated the Rehabilitation Act of 1973 when it rejected his proposal for accommodation of his medical condition of sleep insomnia and sleep ...

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Former Senate candidate sues Virginia lawyer

Former U.S. Senate candidate Christine O’Donnell has gone to court to dispute an $18,250 bill from a Virginia attorney. Reston lawyer Jonathan Moseley has demanded $18,250 for work and expenses for the former Delaware Republican Senate candidate, according to the ...

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Officer Assault Yields ‘Career Offender’ Sentence (access required)

A defendant’s prior Virginia conviction for assault and battery on a police officer was a “crime of violence” that supports a sentencing enhancement for “career offender” status under federal sentencing guidelines, and the Big Stone Gap U.S. District Court overrules ...

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When the records come marching home, hurrah

Civil war aficionados here in Virginia have been angry at the state of Minnesota for years, because officials at the Minnesota Historical Society have refused to return a Virginia battle flag that was taken at the Battle of Gettysburg. This ...

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Unpaid Bodyguards with Guns Are ‘Employed’ (access required)

Defendant members of the Pagans Motorcycle Club who carried guns to protect their national vice president, a convicted felon, were in possession and “employed for” a convicted felon, even without tangible compensation, and the 4th Circuit says the district court ...

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