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Author Archives: Virginia Lawyers Weekly

Correctional center gave constitutionally inadequate medical care (access required)

Inmates at the correctional center and officials from the Virginia Department of Corrections previously reached a settlement agreement that sought to provide for constitutionally adequate medical care. The court concluded, however, that defendants breached that contract in material and significant ...

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Officers credible on whether defendant was read his rights (access required)

Given the defendant’s motives and criminal record; the two law enforcement officers’ experience, candor and consistent testimony; contemporaneous notes and the record of investigation, the court found the officers more credible than the defendant on whether he had been advised ...

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Amount in controversy in title company dispute sufficient (access required)

In denying one title company’s motion to dismiss, the court said that although the defendant title company argued the plaintiff’s damages were below the jurisdictional threshold, because a limitation of liability provision in the parties’ agreement or the plaintiff’s conduct, ...

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New ‘Brady’ material not considered due to lack of guidance (access required)

Although the government produced Brady material in 2018 that it should have produced during defendant’s 2006 trial, the court emphasized its ruling was limited to deciding whether a defendant’s § 2255 motion, which was filed previously on different grounds, is ...

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Statute tolled on 1983 claim while remedies are exhausted (access required)

Students from the University of Virginia law school persuaded the court to join other circuits in holding the statute of limitations was equitably tolled during the period the prisoner was exhausting his administrative remedies, thus making his § 1983 excessive ...

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Cop’s 20-year sentence for shooting unarmed man stands (access required)

In reviewing a former police officer’s appeal of his sentence for willfully shooting an unarmed man, the appellate panel found the district court did not err in concluding that second-degree murder was the appropriate cross-reference, as each of defendant’s four ...

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