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Author Archives: Virginia Lawyers Weekly

Criminal – Racial Bias In Jury Selection – Evidence – Other Acts (access required)

Although the government used three peremptory strikes against black jurors, the district court did not clearly err in concluding that the explanations for the strikes offered by the government were credible and race-neutral. One juror was struck because her last ...

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Contract – Government Contracts – Settlement Agreement – Judicial Review – Defense Employee Newspaper (access required)

Where the district court concluded that the settlement agreement between the Defense Commissary Agency and a government contractor was chosen to publish an employee internal newsletter was not subject to judicial review because the agreement was executed by the Department ...

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Criminal – Appeals – Jurisdiction – Newly Discovered Evidence (access required)

Although defendant, while conducting pro se post-conviction legal research, discovered that in 1986 Congress changed the group of individuals in the Department of Justice who were empowered to authorize an application for electronic surveillance, and based on this change, he ...

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Criminal – Sentencing – Prior Uncounseled Misdemeanor Conviction – Cocaine Possession – Drug-Related Murder (access required)

Although the district court relied on a prior uncounseled misdemeanor conviction for marijuana possession to enhance defendant’s sentence for drug conspiracy, increasing his criminal history category from category I to category II, this use of the prior conviction for sentencing ...

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Criminal – Drug Distribution By Physician – Indictment – Sentence (access required)

Although the physician charged with unlawful attempted drug distribution contended that the indictment failed to charge certain essential elements of the offense, a violation of 21 U.S.C. § 841(a091), the court concludes the indictment was sufficient. The elements claimed to ...

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Civil Rights (access required)

Familial Status Discrimination Where plaintiff farm workers, women and families with minor children, allege defendant employers’ associations discriminated against them on the basis of familial status in the provision of housing as a component of their employment as farm workers ...

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Labor & Employment – Municipal – City Contracts – Teachers & Police (access required)

Where the City of Baltimore, because of budget shortfalls, reduced by 1 percent the wages of teachers and police officers in violation of collective bargaining memoranda negotiated by each group, the city’s action did not violate the Contract Clause of ...

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Criminal – Felon Possessing Firearm – Restoration Of Rights – Mich. Law (access required)

The district court properly denied defendant’s motion to vacate or set aside his conviction for being a felon in possession of a firearm because defendant has not demonstrated that his civil rights were substantially restored under Michigan law upon his ...

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Products Liability – Dienestrol – DES – Limitations – Md. Law (access required)

Although plaintiffs allege they did not learn until 1988 that plaintiff’s mother had been prescribed Dienestrol, rather than a related product, DES, during her 1960 pregnancy, we affirm the district court’s grant of summary judgment in favor of the manufacturer ...

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