Tag Archives: Judge Roger L. Gregory

Environmental groups’ challenge to pipeline rejected (access required)

The Sierra Club and other environmental groups failed to persuade the court that Virginia erred in issuing permits required for the construction of the Atlantic Coast natural gas pipeline. Background The Atlantic Coast Pipeline is a proposed interstate natural gas ...

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Mitigation evidence should have been considered (access required)

The trial court erred in not addressing important mitigation evidence related to defendant’s mental health or how his mental health issues caused him to pursue litigation strategies that were contrary to his own interest and consequently raised his sentencing exposure. ...

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Agreement was insurance contract, arbitration clause void (access required)

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

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Petitioner get presumption of ‘fear of future persecution’ (access required)

The Board of Immigration Appeals erred by finding that petitioner from Benin had not established past persecution, despite credible testimony of death threats due to his bisexuality and homosexual relationship. In remanding, the court noted the petitioner is entitled to ...

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Maryland judge can’t be sued for ordering defendant shocked (access required)

4tth Circuit Seal FEA

Citing “judicial immunity,” the 4th U.S. Circuit Court of Appeals has upheld the dismissal of a multimillion-dollar civil rights lawsuit against a Maryland circuit court judge who ordered a deputy sheriff to use electrical shock to quiet a criminal defendant. ...

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4th Cir.: No late substitute for unconstitutional predicate (access required)

After U.S. Supreme Court precedent invalidated one of the defendant’s three predicate convictions mandating a sentence enhancement under the Armed Career Criminal Act, his sentence could not be sustained by a “substitute” conviction that appeared on his pre-sentence report but ...

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Bon Mots: July 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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