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Author Archives: Deborah Elkins

No Relief for ‘Gravely Unjust’ ACCA Sentence (access required)

Although the Charlottesville U.S. Dis­trict Court is troubled by defendant’s 2005 sentencing under the Armed Career Criminal Act, based on prior “violent fel­ony” convictions from over 45 years ago, the court cannot grant relief from defen­dant’s mandatory 15-year sentence for ...

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Company’s Nonsolicitation Claim Advances (access required)

A company that offered physical and occupational therapy services to skilled nursing facilities may sue a competitor for breach of a Nondisclosure Agreement the parties signed during negotiations for de­fendant to buy plaintiff, by alleged solici­tation of plaintiff’s staff; however, ...

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Death Sentence Overturned for Racist Remarks (access required)

The 4th Circuit affirms a grant of ha­beas relief overturning a death sentence imposed on an African-American man convicted of murder, because the sentenc­ing proceeding before an all-white South Carolina jury “was suffused with racially coded references to a degree ...

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