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Tag Archives: Judge Pamela A. Harris

Waiver did not prevent review of constitutionally infirm plea (access required)

An appeal waiver did not prevent the court from reviewing the defendant’s claim her plea was tainted by constitutional error. On the merits, however, the court agreed the relevant statute applied to the defendant’s admitted conduct. Background Mary Mooney pleaded ...

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Pipeline construction can begin before compensation paid (access required)

Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...

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4th Cir.: Free expression not chilled by school’s initial inquiry (access required)

A university did not restrict or chill students’ speech by seeking their response to complaints that they had harassed others. The students, who’d sought and obtained university approval for a campus “Free Speech Event,” met with an official to discuss ...

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4th Cir.: Slurs read aloud didn’t create hostile environment (access required)

A prosecutor who read racial slurs aloud from potential evidence, which he was evaluating at a pre-trial meeting, did not create a hostile work environment for the black police officers in the room. Even if such conduct could give rise ...

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4th Cir.: To trigger Simmons, state argument must look forward (access required)

A serial killer, sentenced to death under North Carolina law, did not have a constitutional right to inform his sentencing jury that he was ineligible for parole. This right, which accrues when the prosecutor points to the defendant’s future danger ...

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