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Tag Archives: Evidence

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 ...

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WDVA: Bank wins summary judgment on teller’s age claim (access required)

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

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4th Cir.: Statistical significance analysis must be reliable (access required)

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

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CAV: No need to prove knowledge of each drug in mixture (access required)

In convictions on two possession counts, the Commonwealth was not required to prove that the defendant knowingly and intentionally possessed two different controlled substances, heroin and fentanyl, when both substances were contained within a single capsule that appeared visually uniform. ...

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SCV: No error in rejected district “compactness” analysis (access required)

The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State ...

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Va. Cir.: Post-mortem evidence may be admissible in murder trial (access required)

A capital murder defendant moved to exclude evidence of physical damage to the victim occurring after he disposed of her body in a lake. The court declined, in part because such evidence was probative of the manner of disposal. Background ...

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EDVA: Child porn prosecution too reliant on propensity (access required)

The government effectively relied entirely on propensity evidence to support charges of receipt and distribution of child pornography, without reasonably connecting such evidence to actual photos and videos found on the defendant’s computer. A judgment of acquittal, or alternatively a ...

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4th Cir.: Preponderance standard governs Lanham Act fees (access required)

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com ...

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