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Tag Archives: Judge James A. Wynn Jr.

Pre-sentence report error did not require resentencing (access required)

Although defendants are not categorically barred from obtaining resentencing pursuant to Rule 36 over a clerical error, the defendant was not entitled to this relief because the clerical error in his pre-sentence report only affected one of his prior convictions ...

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Death row confinement violates Eighth Amendment (access required)

Where Virginia’s death row inmates were subject to confinement conditions that posed a substantial risk of serious psychological and emotional harm when they first filed their lawsuit, but changes made while the lawsuit was pending ended any Eighth Amendment violation, ...

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