Tag Archives: Judge James A. Wynn Jr.

Record sealed to protect identity of cooperating inmate (access required)

Where an inmate who had pleaded guilty to conspiracy to cocaine-related crimes provided “substantial assistance” to the government, he was entitled to have a pleading about his efforts sealed and removed from online research services. There was a heightened risk ...

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Unambiguous lease not modified by other documents (access required)

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

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Double murderer loses ineffective assistance of counsel bid (access required)

Although the defendant who was sentenced to death for a double murder argued his trial attorneys were repeatedly ineffective by not making objections, not requesting specific jury charges or by not presenting certain evidence, he was not entitled to relief ...

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Homeland Secretary may revoke visa petition, foreclosing judicial review (access required)

Although section 205 of the Immigration and Nationality Act, or INA, does not use the word “discretion,” its language unambiguously confers discretion on the Secretary of Homeland Security to revoke an immigration petition. As such, judicial review of the plaintiff’s ...

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Plaintiff’s case doomed by her own expert’s testimony (access required)

Where the plaintiff’s own expert during a deposition refused to express her opinion to a reasonable degree of medical certainty that the plaintiff aspi­rated thin liquids, the defect could not be cured with a later-submitted affidavit. Background In this medical ...

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Air Force enjoined from discharging HIV-positive servicemembers (access required)

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

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