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Author Archives: Virginia Lawyers Weekly

Habeas Petition – Constitutional – Solicitation of a Minor (access required)

After MacDonald v. Moose, 710 F.3d 154 (4th Cir. 2013), declared the former version of Virginia’s sodomy statute, Va. Code § 18.2-361(A), to be facially invalid under Lawrence v. Texas, 539 U.S. 558 (2003), Virginia’s Supreme Court held that the ...

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Asylum Application – Untimely – Changed Circumstances (access required)

Even though the Honduran petitioner failed to seek asylum within one year of arriving in the U.S., since his arrest by immigration authorities led to more violence against his family and threats against his associates in more Honduran cities, petitioner ...

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Eighth Amendment – Jury Instructions – Intentional Actions (access required)

In this case involving a prisoner who was attacked and injured by another inmate, the district court instructed the jury, “Deliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson ...

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Eighth Amendment – ‘Rough Ride’ – Excessive Force – Deliberate Indifference (access required)

If, as the plaintiff-prisoner forecasts, prison guards gave him a “rough ride” in a prison van in order to teach him a lesson about filing grievances, then the driver used excessive force and the other guard was deliberately indifferent. The ...

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Bennett honored for consumer advocacy (access required)

Newport News consumer lawyer Leonard A. Bennett was named the 2017 Consumer Attorney of the Year by the National Association of Consumer Advocates. NACA is a nationwide organization of more than 1,500 attorneys who represent consumers who claim they were ...

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Plaintiff had right to accelerate payments after default – $1,462,500 Verdict (access required)

The trial involved a breach of contract arising from the purchase of Mr. Holman’s ownership interest in Dominion Mechanical. Plaintiff Stephen Holman sought to accelerate principal and interest payments, and attorney’s fees equal to 25 percent of the unpaid balance, ...

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