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Tag Archives: Judge Albert Diaz

Appeals court rebukes prosecutors in death penalty case (access required)

4tth Circuit Seal FEA

A federal appeals court panel has ordered an evidentiary hearing to determine if undisclosed evidence could upset the conviction of a man sentenced to die for the 2004 Norfolk murders of four people, including two preschool girls. Ruling that U.S. ...

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Black Lung Benefits – ‘Operator’ – Definition Change – Subsequent Rehire (access required)

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (VLW No. 017-2-206, 13 pp.) (Diaz, J.) 16-1849; Nov. 30, 2017; on petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first worked for petitioner’s ...

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Lawyer must testify about how she got documents (access required)

library_fea

An unnamed criminal defense at­torney and her investigator will have to answer federal prosecu­tors’ questions about how they came into possession of allegedly fraudulent documents that were in­troduced as evidence at their cli­ent’s trial. The 4th U.S. Circuit Court of ...

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Officer, prosecutor immune in false arrest appeal (access required)

Handcuffs Policeman Criminal FEA

A police officer and a prosecutor who failed to revoke arrest warrants after learning that no crime was committed – leading to the arrests of an Alexandria couple – are immune from civil rights claims, a federal appeals court has ...

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