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Asylum seeker established persecution and protected ground (access required)

Where a former member of the Guatemalan military credibly testified that he suffered persecution because of a political opinion imputed to him based on his opposition to the military’s inhuman conduct and his threats to report them to human rights ...

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Illegal trespass argument fails, suppression of evidence denied (access required)

Although the defendant argued that officers engaged in an illegal trespass by intruding the curtilage of his home, it was not “clear and obvious” that the officers exceeded the scope of their implicit license to enter his driveway. Because the ...

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On second try, defendant may file for habeas based on new evidence (access required)

Evidence disclosed by the Commonwealth of Virginia in October 2016 that could not have been previously discovered through due diligence supported the defendant’s arguments that, but for a constitutional error, no reasonable factfinder would have found him guilty of first-degree ...

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Double murderer loses ineffective assistance of counsel bid (access required)

Although the defendant who was sentenced to death for a double murder argued his trial attorneys were repeatedly ineffective by not making objections, not requesting specific jury charges or by not presenting certain evidence, he was not entitled to relief ...

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Defendant fails to win suppression of evidence, sentence review (access required)

Where the search of the defendant’s home, vehicles and storage unit was supported by warrants based on probable cause, there was no Fourth Amendment violation. As such, a separate search four months later was not tainted fruit of a poisonous ...

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Congress did not intend categorical approach for VICAR (access required)

Nothing in the language of 18 U.S.C. § 1959, which imposes criminal penalties for committing “violent crimes in aid of racketeering activity,” or VICAR, requires an analysis of whether the state offense is a “categorical match” to the federal offense. ...

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Disputed terms in patent challenge resolved after Markman hearing (access required)

Following a Markman hearing, 18 disputed terms in a patent challenge involving medical devices intended primarily for use in spinal surgery were construed, with the majority of terms given their plain and ordinary meaning. Background At issue in this case ...

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Veterans’ organization lacks standing to challenge lack of online access to records (access required)

Where the government removed prior decisions involving corrections to military records from a website, but still made them available upon request, a veterans non-profit organization lacked standing to challenge the removal because it could still fulfill its mission. Furthermore, the ...

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