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Opinion Digests

Attorney’s fees awarded in statue removal case (access required)

Where the court has previously ruled that the Charlottesville City Council took actions contrary to Code § 15.2-1812, which prohibits local authorities from disturbing or interfering with war memo­rials, plaintiffs are the prevailing parties and are entitled to attorney’s fees ...

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No immediate appeal of denial of self-representation bid (access required)

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

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Board erred in awarding permit for Union Hill compressor station (access required)

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...

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Brady material would not have changed trial’s outcome (access required)

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the ...

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Guilty plea vacated due to magistrate judge’s error (access required)

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

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Air Force enjoined from discharging HIV-positive servicemembers (access required)

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

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