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Tag Archives: Constitutional

EDVA: Devices reasonably seized from Manafort condo (access required)

A warrant to search Paul Manafort’s Alexandria condo and to seize various electronic devices and media related to his bank and tax fraud offenses was constitutional on its face and constitutionally executed. Background At issue in this multi-count bank and ...

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EDVA: Patient proves “horrifying” violations by medical staff (access required)

An involuntarily committed man who suffered from bipolar personality disorder was unreasonably denied necessary therapy, unlawfully restrained due to a nurse’s false report that he’d attacked her, and subjected to multiple severe assaults by another patient who acted at the ...

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4th Cir.: Each wrongly fired officer was a distinct insurance claim (access required)

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

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SCV: Successive-murder convictions merit multiple sentences (access required)

A defendant who murdered two victims within three years was subject to conviction and sentencing for both crimes under the statutory provision addressing such successive murders. Although the separate indictments merely changed the order in which victims were named, the ...

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Va. Cir.: Gun seen from beyond “path of consent” will be suppressed (access required)

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

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CAV: Two hit-and-run convictions not for same offense (access required)

A defendant’s constitutional right against double jeopardy was not violated by her convictions for both felony murder and felony hit-and-run. Background One morning in September 2014, a woman later identified as Defendant Sarah Flanders drove a red Dodge Durango onto ...

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WDVA: Jails must deliver nonprofit’s materials to inmates (access required)

A regional jail authority is preliminarily enjoined from confiscating publications mailed to inmates by the Human Rights Defense Center. The policy banning delivery of such publications is not rationally related to any legitimate purpose identified by the defendants. Background Plaintiff ...

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WDVA: “Unite the Right” conspiracy claims survive dismissal (access required)

In 1871, Congress passed a law “directed at the organized terrorism in the Reconstruction South,” now codified at 42 U.S.C. § 1985. Over 140 years later, the Ku Klux Klan, various neo-Nazi organizations, and associated white supremacists rallied in Charlottesville. ...

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EDVA: Long-detained immigrant entitled to bond hearing (access required)

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

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