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Tag Archives: Judge Clyde H. Hamilton

Gun Ban for Domestic Violence Upheld (access required)

The 4th Circuit upholds the federal statute making gun possession by a person convicted of misdemeanor domestic violence against defendant’s as-applied constitutional challenge; social science reports about recidivism among persons arrested for domestic violence and the frequency of gun violence ...

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Appeals court hears Rosetta Stone trademark case against Google (access required)

Language-learning company Rosetta Stone took on internet industry giant Google today, as a federal appeals court in Richmond heard argument in a case closely watched by online advertisers and the people who sell to them. Rosetta Stone says Google has ...

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Tailgating Traffic Stop Was All About Drugs (access required)

The 4th Circuit upholds suppression of 34,091 Oxycodone pills found in defendant’s rental car because the trooper who stopped defendant’s car on I-95 for tailgating violated defendant’s Fourth Amendment rights when the trooper spent the next 15 minutes asking defendant ...

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Foot surgery case reinstated on fraud claim against podiatrist (access required)

A $2.35-million lawsuit over failed foot surgery, rejected by a Roanoke federal judge as an artful attempt to evade the statute of limitations, is alive again after an appeals court panel took a sharply different view of claims that a ...

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Criminal – Sentencing – Firearm Charge – Felony Escape – Violent Crime (access required)

The 4th Circuit vacates a defendant’s sentence on a firearm charge because, when calculating the advisory sentencing range under the guidelines, the district court erred by counting defendant’s conviction for felony escape under Georgia law as a crime of violence ...

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Criminal – Federal Death Penalty – Murder & Kidnapping (access required)

Although the actions of federal prosecutors – including closing argument statements about the desires of the victim’s family – at two codefendants’ joint trial on kidnapping and murder charges, unnecessarily introduced error into the proceedings, such error is not reversible, ...

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Intellectual Property – Trademark Infringement – Paper Towel Dispenser (access required)

In this dispute over defendant von Drehle’s sale of allegedly inferior paper toweling for use in “touchless” paper towel dispensers designed by plaintiff Georgia Pacific for use exclusively with G-P toweling, the 4th Circuit vacates summary judgment for von Drehle ...

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