Tag Archives: Judge David J. Novak

Statement was only evidence, conviction vacated (access required)

A recent Fourth Circuit decision holds that there must be independent evidence beyond the defendant’s statement, establishing his guilt. Because the only evidence here was the defendant’s own statement in connection with acquisition of a firearm, even though that statement ...

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Borrower sanctioned for frivolous arbitration argument (access required)

Where a mortgage borrower’s argument that loan servicing companies tacitly consented to arbitration by their silence was frivolous, and he refused to withdraw a motion to confirm an “arbitration” award after receiving a Rule 11 safe harbor letter, he was sanctioned ...

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Choice-of-law question gets interlocutory review (access required)

The decision that a choice-of-law provision in plaintiffs’ loan agreements with tribal officials would violate Virginia’s public policy against unregulated usurious lending was certified for immediate interlocutory appeal. It was a controlling question of law upon which there was no ...

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Early release denied to terminally ill two-time murderer (access required)

Although a twice-convicted murderer exhausted the Bureau of Prisons’ compassionate release process, and his terminal illness qualified as an extraordinary and compelling reason for early release, a weighing of the factors—including the seriousness of his offense, lack of evidence of ...

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Deputy sheriff gets no immunity for retaliatory traffic ticket (access required)

Where a woman had complained about a Spotsylvania County Deputy Sheriff, and the deputy sheriff later promised to buy another deputy lunch if he issued a ticket to the woman, the deputy sheriff was not entitled to qualified immunity because ...

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