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Author Archives: Virginia Lawyers Weekly

Civil Rights – Attorney's Fees – Prevailing Party – Handicapped Students – Dismissal For Mootness – Catalypt Theory (access required)

Although this court dismissed as moot the appeal of plaintiffs’ action under 42 U.S.C. § 1983 by the two handicapped students alleging deprivation of procedural rights and requesting private tuition reimbursement under the Education of the Handicapped Act, 20 U.S.C. ...

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Bankruptcy – Trustee's Negligence – Sale Of Dairy Farm (access required)

Where plaintiff debtors allege that the bankruptcy trustee was negligent in that she failed to sell their dairy farm as expeditiously as possible, and that when she failed to accept a particular purchase offer, third parties entered the property and ...

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Criminal – Habeas Corpus – DNA Evidence – Racial Bias In Jury Selection (access required)

Although petitioner argues that the DNA evidence introduced at his murder trial was unreliable, the New York case on which petitioner relies involved problems with the particular sample and testing at issue in that case which have not been shown ...

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Criminal – Habeas Corpus – Ineffective Assistance – Failure To Investigate (access required)

Where the district court concluded, after an evidentiary hearing, the defendant’s trial counsel did not provide constitutionally ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), by failing to investigate the significance of laboratory analysis of several ...

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Civil Rights – Constitutional – Preemption – Federal Pesticide Law – Warning Label (access required)

Where plaintiff Maryland farmers are suing an herbicide manufacturer under various theories of negligence and breach of warranty, alleging that the manufacturer’s warning labels, which were approved by the Environmental Protection Agency, should have warned that the carryover from the ...

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Criminal – Search & Seizure – Pretextual Stop – Witness Confrontation – Sentencing – Armed Career Criminal Enhancement (access required)

Where the police officers stopped the car in which defendant was a passenger because the driver ran a red light, even though the officers had no ticket book with them and only intended to give the driver a warning, and ...

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