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Tag Archives: Judge J. Harvie Wilkinson III

Death Sentence Overturned for Racist Remarks (access required)

The 4th Circuit affirms a grant of ha­beas relief overturning a death sentence imposed on an African-American man convicted of murder, because the sentenc­ing proceeding before an all-white South Carolina jury “was suffused with racially coded references to a degree ...

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Plaintiff Says Shelters Barred Her for Mental Disability (access required)

A woman who claims defendant chari­table organizations unlawfully refused to admit her to homeless shelters because of her alleged mental health disability has failed to state claims under 42 U.S.C. § 1983, the Americans with Disabilities Act, the Rehabilitation Act ...

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Virginia’s Three-Tier Ballot Order Upheld (access required)

The 4th Circuit affirms dismissal of Lib­ertarian political candidate Robert Sarvis’ constitutional challenge to Virginia’s three-tiered ballot ordering law; the three-tiered ballot ordering law imposes little burden on appellant’s constitutional rights and Virginia articulates several important interests sup­porting the law. ...

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4th Circuit: Carrier has duty to defend, even if there are excluded claims – Declaratory judgment (access required)

On March 3, 2015, homeowners sued ARC Construction LLC and Ali Ergul, ARC’s manager, in the District of Co­lumbia Superior Court with regard to renovation and demolition work performed on their neighbors’ half of a duplex home. The plaintiffs, who ...

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