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Tag Archives: Judge Albert Diaz

Dismissal of church’s suit against Baltimore County vacated (access required)

The dismissal of a church’s suit was vacated, allowing it to pursue claims against Baltimore County alleging it discriminated against the church on religious grounds in violation of a federal statute and the Constitution by denying it permission to operate ...

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Denial of church permit was religious discrimination (access required)

Where a church’s petition to operate on property made substantial efforts to comply with the applicable zoning laws and was not opposed by the relevant authorities, the denial of the petition after objections from the surrounding community constituted religious discrimination. ...

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Prolonged seizure of cellphone rendered it inadmissible (access required)

Evidence from defendant’s cellphone should have been suppressed at trial because the police did not have a reasonable justification for their delay in obtaining a search warrant, but hearsay testimony was properly admitted because the defendant actively caused the declarant ...

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4th Cir.: Challenge to factual basis can survive appeal waiver (access required)

Even valid appeal waivers in plea agreements do not necessarily bar claims that the factual basis for a guilty plea is insufficient. In this case, however, the stipulated factual basis and other affirmations by the defendant provided enough support for ...

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