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Tag Archives: Judge G. Steven Agee

Defense attorneys failed to explore mitigating evidence (access required)

Defense attorneys who represented a man sentenced to death for kidnapping and murder failed to investigate signs of Fetal Alcohol Syndrome in the case; their admission that they did not provide this potentially mitigating evidence prompts a new trial. Background ...

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Company can pursue ex-employee for retained property, trade secrets (access required)

Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...

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4th Cir.: Longtime resident removable based on old drug offense (access required)

After a trip to his native U.K., a lawful permanent resident in the U.S. was denied admission upon his return, based on a seven-year-old conviction for conspiracy to possess with intent to distribute a controlled substance. His removal order was ...

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4th Cir.: Agency analysis of small-refinery exemption is flawed (access required)

Despite past efforts to improve its approach, the Department of Energy’s recommended analysis of economic hardship on small fuel refineries attempting to comply with federal renewable fuel standards is facially flawed. In considering a petition for a small-refinery exemption, the ...

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4th Cir.: Court lacked jurisdiction to weigh equitable tolling (access required)

A petitioner filed her “innocent spouse” tax claim one week late because IRS representatives allegedly misinformed her of the filing deadline, but the U.S. Tax Court had no authority to waive compliance. Background The IRS charged Shari and Derek Nauflett ...

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4th Cir.: Non-contact child porn victims entitled to restitution (access required)

A defendant waived his right to appeal an award of $100,000 restitution to his child victim, but the district court’s reasons for denying restitution to other, non-contact victims contradicted U.S. Supreme Court precedent. Background Appellant Mario Dillard used computer programs ...

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