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Opinion Digests

4th Cir.: State drug convictions defeated court’s jurisdiction (access required)

An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on ...

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4th Cir.: Faulty permit filings foreclosed property interest (access required)

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

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4th Cir.: Local bankruptcy court rule held invalid (access required)

The Eastern District of Virginia’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the Eastern District’s bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that ...

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SCOTUS: Warrantless vehicle searches limited within curtilage (access required)

The automobile exception to the Fourth Amendment does not permit a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked therein. Background Albemarle Police Officer McCall saw the ...

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4th Cir.: Preponderance standard governs Lanham Act fees (access required)

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com ...

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CAV: Real perpetrator’s confession supports actual innocence (access required)

The court of appeals granted two petitions for writs of actual innocence, based on another person’s confession to both robberies for which the petitioner was convicted. Background In 2007, Petitioner Gary Bush was convicted in the City of Petersburg Circuit ...

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