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Tag Archives: Judge Julius N. Richardson

Virginia’s drug law triggers sentencing enhancement (access required)

Although the defendant argued his two Virginia convictions for possession with intent to distribute heroin did not qualify as controlled substance offenses under the sentencing guidelines, because Virginia law defines controlled substances more broadly than federal law, his argument ignored ...

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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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Jury’s $50K FMLA retaliation verdict overturned (access required)

Although the jury found for the plaintiff on her claim under the Family and Medical Leave Act, and awarded her $50,000, the evidence was not enough to permit a reasonable jury to conclude the company’s proffered rationale for firing her ...

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Display of arrest photo did not require mistrial (access required)

Although the prosecution displayed a drug defendant’s arrest photo for a few seconds during redirect testimony, no mistrial was required because of its limited display and the judge’s cautionary instruction. The defendants’ additional multiple arguments against the drug and conspiracy ...

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False Claims Act suit triggers ‘medical incident’ coverage (access required)

Where the policy covers “damages resulting from a claim arising out of a medical incident,” a false claims act suit alleging billing for services that were not rendered was within the scope of coverage because the “failure to render” services ...

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On second try, defendant may file for habeas based on new evidence (access required)

Evidence disclosed by the Commonwealth of Virginia in October 2016 that could not have been previously discovered through due diligence supported the defendant’s arguments that, but for a constitutional error, no reasonable factfinder would have found him guilty of first-degree ...

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Failure to address argument for sentencing variance was in error (access required)

Although the defendant’s legal objection to the criminal history calculation was addressed by the sentencing judge, it was error to not address the defendant’s equitable argument for a variance from the sentence for illegal reentry. Background Apolonio Torres-Reyes pleaded guilty ...

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No error in rejecting ‘substantially similar’ claims and arguments in habeas (access required)

Where the claims and arguments in a death row inmate’s habeas petition did not “fundamentally alter” those previously rejected by the post-conviction court, the district court did not err in rejecting them under a deferential standard of review. A new ...

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