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Tag Archives: Constitutional

CAV: Psychological report admission was harmless error (access required)

Even if the circuit court erred in admitting a psychological evaluation that had not been considered by the Juvenile & Domestic Relations Court, the totality of evidence supporting termination of parental rights made any such error harmless. Background In 2003, ...

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4th Cir.: No combatant immunity for Taliban defendant (access required)

A Taliban fighter’s conviction for conspiring and attempting to destroy a U.S. helicopter in 2009 was subject to the rules of non-international conflict under the Third Geneva Convention, and accordingly U.S. courts could adjudicate and review it. Background Appellant Irek ...

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CAV: Failure to follow police commands justified seizure (access required)

Despite officers shouting at the defendant to put his hands up, he wasn’t seized for Fourth Amendment purposes until they physically removed him from his car. Because the seizure was justified by concern that the defendant was concealing a firearm, ...

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4th Cir.: State law targeting drug prices struck down (access required)

By effectively controlling drug prices charged in other states, Maryland’s newly-enacted law targeting pharmaceutical price-gouging violates the dormant Commerce Clause. Background In response to reports that pharmaceutical manufacturers were price-gouging for certain medications, Maryland’s legislature passed HB 631 during the ...

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WDVA: Stats needed more specificity, expert analysis (access required)

Plaintiffs who sued a police officer for discriminatory traffic stops could not prove their selective-enforcement claim with statistics that failed to establish true comparator groups and to incorporate interracial base rates for committing the offenses at issue. Background Plaintiff Rodney ...

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CAV: Emotional manipulation forfeited right to confrontation (access required)

By repeatedly violating a no-contact order to guilt his partner into refusing to testify against him, a domestic-abuse defendant forfeited his Sixth Amendment right to exclude her testimonial hearsay statements to law enforcement. Background Appellant Kevin Cody and Rebekka Weingarten ...

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EDVA: Inevitable discovery applied to gun, but not statements (access required)

Officers’ search of a defendant’s bag while he was speaking with officers in another room was not incident to lawful arrest, as there was little chance he could reach the bag or control its contents at the time. The firearm ...

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SCV: Double jeopardy bars double firearm convictions (access required)

The court of appeals correctly held that convictions for both common-law and statutory involuntary manslaughter under Code § 18.2-154 amounted to unconstitutional double convictions for the same offense. Background A jury convicted Appellee Carroll Gregg of both common law involuntary ...

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CAV: Father wrongly excluded from adoption proceedings (access required)

Denying an incarcerated father’s request for transportation to his child’s adoption hearing, without offering him an alternative means to participate, was an abuse of the trial court’s discretion. Background On June 20, 2016, Appellee Shawn B. Foster, joined by his ...

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CAV: Conviction upheld despite altered Miranda warning (access required)

An arresting officer’s addition of the phrase “if you’re charged with a crime” to the standard Miranda warning effectively put the defendant on notice of his constitutional rights, and his subsequent incriminating statements were admissible. Background On August 3, 2012, ...

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