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Author Archives: Deborah Elkins

Criminal – Discovery – Videotaped Drug Buys (access required)

A defendant charged with cocaine distribution wins discovery of an audiovisual recording of undercover drug buys by informants from defendant, which defendant and his lawyer may view, but not copy, says a Sussex County Circuit Court. Defendant asks for copies ...

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Workers’ Comp – Knee & Hand Injury – Employer Hearing Application (access required)

The Court of Appeals reverses the commission’s denial of employer’s application for a hearing on the question of whether to suspend benefits previously awarded to employee pursuant to the parties’ agreement to pay benefits for his work-related injury to his ...

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Negligence – Parent Host – Teenage Driver – Assumption Of Duty (access required)

A parent who allegedly heard the dad of her daughter’s 14-year-old friend expressly say, “No boys with cars,” must face a wrongful death claim filed by the girl’s estate, the Supreme Court of Virginia said; the high court reverses a ...

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Tort – Corporate Espionage – Government Contractor – Trade Secret (access required)

A small government contractor that derailed a $165 million computer contract with its “size protest” against a competitor’s bid can respond to the competitor’s trade secret suit and alleged wish to “crucify” and “punish” the small contractor with counterclaims for ...

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Antitrust – Md. Liquor Control – Price-Fixing (access required)

In this long-running antitrust suit challenging Maryland’s liquor and wine regulatory scheme, the 4th Circuit affirms the district court holding that the state’s regulatory scheme is preempted by the Sherman Act. This long-running antitrust suit is on appeal for the ...

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Criminal -Habeas – Double Jeopardy – Manifest Necessity – Discovery Of Body (access required)

The 4th Circuit says a defendant cannot overturn his conviction for the murder of his stepfather by claiming that declaration of a mid-trial mistrial when the stepfather’s body was discovered meant that his retrial violated the constitutional prohibition against double ...

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Criminal – Weapons Possession – Justification Defense (access required)

The 4th Circuit reverses a defendant’s firearm possession conviction, as the North Carolina trial court erred in holding that defendant failed to present sufficient evidence to warrant a justification jury instruction, and the 4th Circuit has clarified that a justification ...

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Summary Dispositions (access required)

The Court of Appeals has decided the following administrative appeals by summary disposition: ABR Servs. Inc. v. Le, No. 0126-09-4, June 2, 2009, upholding a decision that claimant had suffered a 44-percent permanent partial disability to each of his lower ...

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Criminal – Uttering False Check – Post-Release Supervision (access required)

The Court of Appeals dismisses as moot defendant appeal claiming the trial court erred in imposing six months of post-release supervision to her sentence for uttering a false check, as defendant has served her active sentence and her post-release supervision ...

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Criminal – Attempted Capital Murder – Miranda Warnings (access required)

A defendant who had two firearms and who appeared suicidal as police talked with him for nearly an hour in an attempt to save his life, and who responded to officers’ attempt to disarm him with beanbag ammunition and taser ...

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