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Tag Archives: Judge Henry F. Floyd

Aggravated offense language in statute is a ‘crime of violence’ (access required)

Where the statute imposed liability on a defendant convicted for assaulting a postal employee with intent to rob and placing their life in jeopardy by use of a dangerous weapon, that was categorically a crime of violence under the force ...

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No immediate appeal of denial of self-representation bid (access required)

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

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No jurisdiction over sovereign immunity appeal in Abu Ghraib case (access required)

Where the district court concluded there were factual disputes whether a U.S. government contractor, CACI, sued for its alleged role in torture of Iraqis at Abu Ghraib violated the law or its contract, CACI could not seek immediate appellate review ...

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Resentencing required as priors are no longer ACCA predicates (access required)

The defendant’s 220-month sentence was based on four prior convictions that rendered him an “armed career criminal.” Now, however, two of those prior convictions no longer qualify as violent felonies, thus requiring resentencing. Background Randall Cornette pleaded guilty to being ...

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Police not liable for failing to intervene during ‘Unite the Right’ rally (access required)

Officials who allegedly instructed police to not intervene during the “Unite the Right” rally are nevertheless entitled to immunity against claims brought by a person who was allegedly attacked by protestors. Background Robert Sanchez Turner was attacked by protesters at ...

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Gag clause in settlement agreement violates First Amendment (access required)

Parties who entered into settlement agreements with the city of Baltimore arising out of alleged police misconduct will no longer be bound by a gag clause routinely included in those agreements after the court held the clause was unenforceable and ...

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