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Author Archives: Deborah Elkins

Criminal – Escape – S.C. Law – ACCA – ‘Violent Felony’ (access required)

Charging and sentencing documents in defendant’s South Carolina conviction for escape do not show whether it was a “walk-away” or a “break-out” escape, and recent changes in the law draw this distinction; the 4th Circuit vacates defendant’s sentence under the ...

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Criminal – Competency – Forcible Medication – Waiver (access required)

The 4th Circuit upholds a criminal defendant’s guilty plea to a firearm charge, entered after four years of competency hearings leading to a forcible medication order; defendant did not appeal the earlier forcible medication order and his guilty plea waived ...

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Civil Procedure – Jurisdiction – Complete Diversity – Remand (access required)

Because the tortfeasor defendants are only nominal parties to this action filed by a policyholder against his auto liability carrier, and the real parties in interest are diverse, the Alexandria U.S. District Court has subject matter jurisdiction over this case ...

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Insurance – Policy Coverage – Chinese Drywall – Voluntary Remediation (access required)

A home builder who voluntarily fixed drywall-related problems in customers’ homes is not entitled to reimbursement from its insurer unless the builder can show it was faced with a “legal obligation” to pay “damages,” says a Norfolk U.S. District Court. ...

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Civil Procedure – Warrant In Debt – Estate Creditor – Limitations (access required)

A pro se plaintiff’s negligence action against an estate, not the personal representative, is barred by the statute of limitations, as Va. Code § 8.01-6.2(B) did not toll the limitations period, and the Supreme Court of Virginia affirms dismissal of ...

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Criminal – Ineffective Assistance – Vienna Convention – RICO Murder (access required)

Although the government appears to concede a delay in notice to the El Salvadorean Consulate violated the Vienna Convention, defendant, who is from El Salvador, cannot show he could enforce such a right or that he suffered any prejudice from ...

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Contract – Purchase Option – Condo Project – Fair Market Value (access required)

In this suit for specific performance filed by an LLC requesting that defendants convey their partnership interests in the Lee School Lofts Partnership to Lee School at the price purportedly dictated by the Limited Partnership Agreement, a Richmond U.S. District ...

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Civil Procedure – Legal Malpractice – Estate’s Attorney (access required)

A sole testamentary beneficiary, in her individual capacity, may not maintain a legal malpractice action against the attorney for the estate for the attorney’s allegedly negligent services to the estate, says the Supreme Court of Virginia; the high court also ...

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