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Tag Archives: Judge J. Harvie Wilkinson III

Racial comments don’t overcome no-impeachment rule (access required)

4tth Circuit Seal FEA

An African-American defendant who was convicted of drug and firearm charges may not interview the convicting jurors for signs of racial animus, despite a juror’s statement that his peer expressed racial prejudice during deliberations, the 4th U.S. Circuit Court of ...

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No ‘threshold showing’ that jurors acted with racial animus (access required)

Despite an affidavit asserting jurors made racially tinged statements, the district court did not abuse its discretion in concluding that interviewing jurors would not likely reveal evidence that racial animus was a motivating factor in the vote to convict defendant ...

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Gag order does not withstand constitutional scrutiny (access required)

A gag order imposed by the district court overseeing suits against the owners of hog farms breached basic First Amendment principles. Background Hundreds of plaintiffs have alleged that nearby hog farms associated with Murphy-Brown LLC are a private nuisance. Plaintiffs ...

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Jurisdiction established over health plan’s claim (access required)

The Court of Federal Claims, and not federal district court, has jurisdiction over an employee health plan’s suit seeking a refund under the Affordable Care Act. Background The Electrical Welfare Trust Fund is a self-administered, self-insured employee health and welfare ...

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Airport Authority properly using toll revenues (access required)

The Metropolitan Washington Airport Authority defeated a challenge to its use of toll funds for metro services to Dulles airport. Background Appellants here have raised a variety of constitutional and statutory challenges to Metropolitan Washington Airport Authority’s ability to use ...

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4th Cir.: “Habitual drunkard” interdiction laws upheld (access required)

A district court properly dismissed constitutional challenges to Virginia’s civil interdiction process, which can lead to criminal penalties for possession, consumption, or purchase of alcoholic beverages by individuals subject to a civil interdiction order. Background Virginia regulates the consumption, purchase, ...

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4th Cir.: Student’s attitude outweighed school’s IDEA violation (access required)

High school staff failed to timely respond to parents’ requests for disability testing, but an administrative fact finder reasonably concluded that the student’s poor scholastic record was caused by his frequent absences and disdain for teachers, not the violation. Background ...

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4th Cir.: MS-13 murder and related convictions upheld (access required)

Six defendants tried together were properly convicted of murder and attempted murder offenses related to their gang membership. Their convictions were upheld despite challenges to prosecutorial conduct, jury instructions, evidence admitted at trial, joint trial, access to counsel, warrantless cell ...

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Keeping the faith (access required)

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For people asking why trust in institutions is at historic lows, modern tech-driven phenomena are easy targets – think Facebook and Twitter, smart-phone addiction, big data and automation. But in a recent memoir, 4th U.S. Circuit Judge J. Harvie Wilkinson ...

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