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Tag Archives: Criminal

Sentence affirmed despite wrongful application of enhancement (access required)

Where the district court wrongly concluded that the defendant’s prior conviction for conspiracy qualified as a controlled substance offense under the Sentencing Guidelines, the defendant was not entitled to resentencing because the defendant failed to raise his objection before the ...

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Justices part ways on vicarious liability (access required)

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The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

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Court revives child’s claim vs. church (access required)

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The Supreme Court of Virginia has recognized a church’s “special relationship” duty to protect children from a known dangerous employee. The new opinion also offers a host of guidance in other aspects of pleading a case. The decision builds on ...

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4th Circuit: Jury should decide venue in ‘bath salts’ case (access required)

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A divided federal appeals panel has overturned the convictions of three accused drug distributors because a jury never was asked if the charges were brought in the right locality. A two-judge majority of a panel of the 4th U.S. Circuit ...

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Remote location of defendant’s house necessitated wiretap (access required)

Where agents demonstrated that a wiretap was necessary in light of the defendant’s remote location and the lack of success that traditional investigative methods had against his co-conspirator, the defendant charged with conspiracy could not suppress the evidence. Background Demetrius ...

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