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Opinion Digests

Criminal – Sentencing – Drug Possession by Probationer (access required)

Where a federal statute requires that a probationer found to possess drugs while on probation must be sentenced to “not less than one-third of the original sentence,” the phrase “original sentence” applies not to defendant’s actual sentence of three years’ ...

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Criminal – Ineffective Assistance – Conflict Of Interest – Lawyer's Knowledge Of Drug Supplier (access required)

Although defendant initially raised his claims of ineffective assistance of counsel due to a conflict of interest in an untimely Fed. R. Crim. P. 33 motion alleging “newly discovered evidence,” defendant nevertheless was entitled to an evidentiary hearing on his ...

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Immigration – Asylum – Population Control Policy – China (access required)

Although petitioner contends he does not want to return to his native country, the People’s Republic of China, because he fears persecution for his political opposition to that country’s population control policy of one-couple, one-child, the evidence indicates that petitioner ...

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Corporate – Takeover Attempt – Advice To Target – Directors' Action (access required)

Where the magistrate judge, in considering the extent to which Tyson may discover, the substance of professional advice given to the target in the face of Tyson’s takeover attempt, ruled that the Virginia standard of director conduct is a process-oriented ...

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Negligence – Property – Premises Liability – Third-Party Assault – Warning To Tavern Keeper (access required)

Where plaintiff’s motion for judgment alleges that 1) while he was a customer at defendants’ tavern, another customer confronted the plaintiff and made threats against plaintiff, 2) the other customer was escorted from the premises by tavern employees, where the ...

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Medical Malpractice – Informed Consent – Childbirth – Forceps (access required)

Although plaintiff mother, upon admission to the hospital for childbirth, signed a general consent form which authorized defendant physician to “perform diagnostic or therapeutic medical and surgical procedures and to administer anesthetics,” this form did not bar the plaintiffs’ complaint ...

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