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Tag Archives: Judge G. Steven Agee

Indicia of innocence support malicious prosecution claim (access required)

A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk, maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious prosecution. ...

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Tribal choice-of-law provisions are unenforceable (access required)

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...

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Prospective waivers render agreements unenforceable (access required)

Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...

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Alleged error in jury instruction was harmless (access required)

Although a company argued it was improperly held liable for the conduct of an alleged employee because of a faulty jury instruction, the alleged error was harmless. There was “extensive evidence,” independent of the alleged faulty instruction, showing the company ...

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Co-defendants’ statements properly admitted in firearm trial

Defendants convicted of using a firearm in a crime of violence resulting in murder failed in their arguments that statements by co-defendants violated the Confrontation Clause and/or were generally inadmissible under the Federal Rules of Evidence. Moreover, given the scope ...

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Cellmate’s testimony and video supports possession conclusion (access required)

A defendant’s argument that the district court declined to specify the evidence supporting its finding he committed violations while in prison on drug charges failed because transcripts showed the court relied on the testimony of multiple witnesses and a video. ...

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North Carolina violated inmate’s due process rights (access required)

Where a prison disciplinary proceeding that resulted in the revocation of 20 days of an inmate’s “good-time” credits contained no probative evidence to support his conviction, his due process rights were violated, requiring that his good-time credits be restored. Background ...

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