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Tag Archives: Judge Norman K. Moon

Correctional center gave constitutionally inadequate medical care (access required)

Inmates at the correctional center and officials from the Virginia Department of Corrections previously reached a settlement agreement that sought to provide for constitutionally adequate medical care. The court concluded, however, that defendants breached that contract in material and significant ...

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Officers credible on whether defendant was read his rights (access required)

Given the defendant’s motives and criminal record; the two law enforcement officers’ experience, candor and consistent testimony; contemporaneous notes and the record of investigation, the court found the officers more credible than the defendant on whether he had been advised ...

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Amount in controversy in title company dispute sufficient (access required)

In denying one title company’s motion to dismiss, the court said that although the defendant title company argued the plaintiff’s damages were below the jurisdictional threshold, because a limitation of liability provision in the parties’ agreement or the plaintiff’s conduct, ...

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License suspension for failure to pay fines stopped (access required)

Plaintiffs who challenged the constitutionality of a Virginia law that requires the automatic suspension of drivers’ licenses for failure to pay state court fines and costs won a preliminary injunction, as they demonstrated there were insufficient procedures in the law ...

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Illegal reentry charge stands despite prior defective removal order (access required)

Because the defendant had notice of the charges against him; received notice of the date, time and place of his removal hearing; attended that hearing, where he had a fair opportunity to be heard by the immigration judge; and offered ...

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Despite faulty notice, defendant failed in attack on deportation (access required)

Despite the deficiencies in the initial notice to appear, the defendant appeared at the deportation hearing, did not argue he was denied an opportunity to be heard and did not offer a substantive argument that there was a reasonable probability ...

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Defective order prompts dismissal of immigration charges (access required)

A Honduran man had his illegal reentry charge dismissed after a judge found that material defects in a 2002 order requiring him to appear for an immigration hearing were sufficient for him to successfully challenge his deportation order. Background Ramos-Delcid ...

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