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Tag Archives: Judge Andre M. Davis

Search & Seizure – Traffic Stop – Passenger’s Gun – Pants Pocket (access required)

A passenger who was ordered out of a car after a valid traffic stop could not suppress the revolver seized from his pants pocket after he assaulted a deputy, and the 4th Circuit upholds the passenger’s conviction for possession of ...

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Civil Procedure – Forum Selection Clause – Sovereignty v. Geography (access required)

A forum selection clause choosing “the courts of the State of Virginia” means Virginia state courts, not federal courts in Virginia, and the 4th Circuit follows its sister circuits and upholds remand of this contract dispute to a Virginia state ...

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Criminal – Competency – Forcible Medication – Nonviolent Crime (access required)

The 4th Circuit reverses a trial court order that allowed forcible medication of a defendant, charged with conspiracy and credit-card fraud, who suffers from delusional disorder and has been determined to be incompetent to stand trial. Kimberly White, who suffers ...

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Civil Procedure – Entry Of Default – Suit Papers – Registered Agent (access required)

The 4th Circuit says a district court abused its discretion when it refused to vacate the entry of default against a manufacturer sued by a private school for roof damage allegedly caused by defendant’s fire-retardant materials. Plaintiff school served a ...

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Civil Rights – Prison Inmate – Filing Fee – Multiple Pending Suits (access required)

Although a Virginia inmate has two appeals pending, as an indigent prisoner he is only required to pay one filing fee of 20 percent; the 4th Circuit says the district court erred in ordering a 40-percent fee withheld from plaintiff’s ...

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Criminal – Drug Conspiracy – Money Laundering Conspiracy (access required)

Given the overlap between charges of drug conspiracy and money laundering conspiracy for one defendant in this multi-defendant prosecution of a Tidewater drug ring, virtually all the evidence supporting the drug conspiracy count was potentially probative of the money laundering ...

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