Tag Archives: Judge J. Harvie Wilkinson III

U.S. can’t offer rebuttal after waiving initial closing argument (access required)

Where the government opted to not make an initial closing argument, it should not have been allowed to make a rebuttal closing argument after the defendant’s closing. But because the defendant did not show he was prejudiced by the altered ...

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No constitutional violation for modest property damage (access required)

Although two stores suffered property damage while law enforcement was executing search warrants, the damage did not rise to the level of a Fourth Amendment violation because it was not “major” and was plausibly connected to the execution of the ...

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Accomplice’s ‘personal use’ drugs considered at sentencing (access required)

Where a defendant pleads guilty to aiding-and-abetting the distribution of a controlled substance, the sentencing court may consider drugs possessed or consumed for “personal use.” In a case of first impression, the court held there is no personal use exception ...

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Breaching party enjoined from efforts to thwart collection (access required)

Where a company has evaded paying damages stemming from its breach of a licensing agreement, an anti-clawback injunction preventing collected funds from being sent to the United Kingdom was within the court’s authority, respected comity and was procedurally sound. A ...

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FERC action is trigger for statute of limitations (access required)

Where the Federal Power Act, or FPA, requires the Federal Energy Regulatory Commission, or FERC, to take steps before it can bring claims against those charged with manipulation of the energy markets, the five-year statute of limitations for filing suit ...

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Inmates’ rights under Speedy Trial Act were not violated (access required)

Although two state inmates who were federally indicted for coordinating a methamphetamine distribution ring from prison claimed their superseding indictment was filed more than 30 days after an arrest and thus violated the Speedy Trial Act, or STA, there is ...

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