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Author Archives: Virginia Lawyers Weekly

Habeas granted because of prosecutor’s improper closing arguments (access required)

Where the prosecutor’s improper statements during closing arguments on charges of sexual assault, including asking the jury to convict the defendant based on the prospective sins of others, the remarks so prejudiced the defendant’s substantial rights that he was denied ...

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021-2-281 – Plymail v. Mirandy

Plymail v. Mirandy, Case No. 19-6412, Aug. 10, 2021. 4th Cir. (Richardson), from SDWVA at Huntington (Chambers). Mackenzie Herman, Henna Shah and John J. Korzen for Appellant. Thomas T. Lampman for Appellee. VLW 021-2-281. 20 pp. Full-Text Opinion

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ERISA doesn’t bar garnishment of 401(k) to satisfy restitution order (access required)

The court joined two other circuits in holding that the Employee Retirement Income Security Act of 1974, or ERISA, doesn’t prevent the government from garnishing the retirement assets of a defendant in order to satisfy a criminal restitution order under ...

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021-2-280 – United States v. Frank

United States v. Frank, Case No. 20-6706, Aug. 10, 2021. 4th Cir. (Harris), from EDVA at Alexandria (Brinkema). Cadence Alexandra Mertz for Appellant. Laura Michelle Grimes for Appellee. VLW 021-2-280. 27 pp. Full-Text Opinion

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Taxpayers lack standing to challenge county cash assistance program (access required)

Where two Maryland taxpayers alleged a Montgomery County cash-assistance program that pays residents, including foreign nationals in the country without documentation, violates a federal statute that prohibits undocumented persons from receiving state and local benefits, the suit was dismissed because ...

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021-2-279 – Bauer v. Elrich

Bauer v. Elrich, Case No. 20-1707, Aug. 10, 2021. 4th Cir. (Keenan), from DMD at Greenbelt (Messitte). Michael Bekesha for Appellants. Catherine Carroll for Appellees. Lindsey Powell for Intervenor United States. VLW 021-2-279. 30 pp. Full-Text Opinion

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Commission immune from vacation homeowners’ claim (access required)

Where property owners in South Nags Head alleged the North Carolina Coastal Resources Commission committed a taking when it denied them permission to rebuild their vacation home due to environmental regulations, the suit was dismissed because the commission has sovereign ...

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021-2-278 – Zito v. North Carolina Coastal Resources Commission

Zito v. North Carolina Coastal Resources Commission, Case No. 20-1408, Aug. 9, 2021. 4th Cir. (Gregory), from EDNC at Elizabeth City (Dever). J. David Breemer for Appellants. Ryan Y. Park for Appellees. VLW 021-2-278. 19 pp. Full-Text Opinion

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Girls claim charter school dress code violates Title IX (access required)

Where a charter school required girls to wear either skirts, jumpers or skorts, instead of pants or shorts, the district court must determine whether this requirement violated Title IX by excluding the plaintiffs from participation, denying them education benefits or ...

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021-2-277 – Peltier v. Charter Day School Inc.

Peltier v. Charter Day School Inc., Case Nos. 20-1001, 20-1023, August 9, 2021. 4th Cir. (Quattlebaum), from EDNC at Wilmington (Howard). Aaron Michael Streett for Appellants/Cross-Appellees. Galen Leigh Sherwin for Appellees/Cross-Appellants. VLW 021-2-277. 55 pp. Full-Text Opinion

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