Quantcast
Home (page 5)

Tag Archives: Constitutional

CAV: Marine’s conviction for rape of subordinate affirmed (access required)

The defendant’s Confrontation Clause challenge to the trial court’s evidentiary exclusions under Virginia’s rape-shield law were not raised in the proceedings below and, in any event, did not rise above the level of harmless error. Background Appellant Michael Maldini and ...

Read More »

WDVA: Dog rescuer can proceed on claims for larceny accusations (access required)

A woman charged with theft after she refused to return an emaciated dog to its owner sufficiently stated several constitutional and state tort claims against an animal control officer and his supervisor. Background In December 2017, Plaintiff Christen Waddle encountered ...

Read More »

EDVA: Special Counsel authorized to prosecute Manafort (access required)

Special Counsel Robert S. Mueller’s jurisdiction, as set forth in his Appointment Order and in a subsequent memorandum from the Acting Attorney General, encompasses prosecution of Donald Trump’s former campaign manager for bank fraud and tax charges that involve connections ...

Read More »

EDVA: Districts’ black voter thresholds lack justification (access required)

Race predominated over traditional districting factors in construction of 11 challenged Virginia House of Delegates districts. This use of race was not narrowly tailored to achieve the interest of complying with the Voting Rights Act. Thus, the district divisions are ...

Read More »

4th Cir.: Vets’ tort claims against contractor not justiciable (access required)

Waste and water management systems in Iraq and Afghanistan were operationally controlled by the military, not its contractor. Thus, mass tort claims for harms caused by the contractors’ alleged environmental mismanagement were barred by the political question doctrine. Background As ...

Read More »

4th Cir.: Tip from identifiable source supported seizure (access required)

Officers acting in part on a tip from a 911 caller who gave only his first name had a reasonable articulable suspicion that the defendant had committed a crime, based on corroborating facts the officers discovered at the scene. The ...

Read More »

4th Cir.: Juvenile D.C. sniper to be resentenced under Miller (access required)

The younger “D.C. sniper,” who was a teenager when he was convicted of several murders and related crimes, must be resentenced following retroactive constitutional standards for juvenile punishment, established subsequent to his sentencing. Background During about seven weeks in 2002, ...

Read More »

SCOTUS: Second trial didn’t violate Double Jeopardy, preclusion (access required)

A defendant who agrees to have the charges against him considered in two trials cannot later argue successfully that the second trial offends the Fifth Amendment. Background This case began when police dredged up a safe full of guns from ...

Read More »

Va. Cir.: Ex parte hearing granted, but before different judge (access required)

An indigent defendant facing two life sentences for rape and related offenses can argue ex parte why he requires expert assistance, but he must make his case to a circuit judge other than the one presiding over the case. Background ...

Read More »