Quantcast
Home (page 4)

Tag Archives: Constitutional

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 ...

Read More »

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 ...

Read More »

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. ...

Read More »

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 ...

Read More »

EDVA: Manafort storage-unit docs won’t be suppressed (access required)

The government obtained valid consent to enter a storage unit containing Paul Manafort’s business documents, obtained a valid warrant to seize some of the documents, and properly executed the warrant. Background On May 26, 2017, Special Agent J. Pfeiffer interviewed ...

Read More »

Va. Cir.: City’s red-light cameras constitutional (access required)

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

Read More »

4th Cir.: Federal statute’s immunity waiver not valid (access required)

The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or § 5 of the Fourteenth Amendment. Background In 1717, the ...

Read More »

4th Cir.: MS-13 murder and related convictions upheld (access required)

Six defendants tried together were properly convicted of murder and attempted murder offenses related to their gang membership. Their convictions were upheld despite challenges to prosecutorial conduct, jury instructions, evidence admitted at trial, joint trial, access to counsel, warrantless cell ...

Read More »

EDVA: Due process requires bond hearing for long-detained immigrant (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 ...

Read More »