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Tag Archives: Constitutional

Transit authority sued for refusing to run advertisements (access required)

A group that opposes the use of dogs in medical experiments alleged facts that support its claims the Greater Richmond Transit Authority violated its First and Fourteenth rights by rejecting its advertisements. Background Plaintiff White Coat describes itself as a ...

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Petitioner lacked authorization for successive habeas petition (access required)

Because petitioner failed to obtain the Fourth Circuit’s authorization to file a successive  habeas petition as required under the Antiterrorism and Effective Death Penalty Act of 1996, the court lacks jurisdiction and the claim must be dismissed. Background Plaintiff has ...

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Colostomy alleviation was serious medical need (access required)

Given evidence that two prison doctors failed to address the plaintiff’s need for approved stoma reversal surgery, summary judgment in their favor on a federal prisoner’s Eighth Amendment claims was not merited. The plaintiff was appointed counsel as to claims ...

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CAV: Post-stop consent to search vehicle was valid (access required)

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

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CAV: Visiting house didn’t support probable cause for arrest (access required)

The circuit court did not err in suppressing evidence stemming from an arrest that lacked probable cause. Despite the defendant’s proximity to the house at the time of arrest, the fact that his mother and brother lived there, the fact ...

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CAV: No double jeopardy under new SCOTUS ruling (access required)

Like the petitioner in Currier v. Virginia, a defendant who voluntarily requested to sever and continue one of the charges against him for strategic reasons could not prevail on his claim that the second trial violated double jeopardy principles, either ...

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EDVA: Texas company’s purchase orders established “minimum contacts” (access required)

A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

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