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Tag Archives: Judge J. Harvie Wilkinson III

Nationwide injunction over new DHS rule was error (access required)

Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...

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4th Circuit clashes over ‘exigent circumstances’ doctrine (access required)

Charges against a Virginia man who was subjected to a warrantless search and seizure will be dropped after a full panel of the 4th U.S. Circuit Court of Appeals ruled that the search violated in the Fourth Amendment in a ...

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Suspicionless stop of defendant not excused by exigent circumstances (access required)

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

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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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