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Tag Archives: Judge Roger L. Gregory

Virginia violated due process rights of mentally ill defendant (access required)

An individual who suffers from mental illness, and who has been under the care of Virginia for over 20 years, adequately alleged his due process right when he received inadequate notice of the basis for revoking his suspended sentence, Virginia ...

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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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Russian owner of ‘stream-stripping’ websites may be subject to jurisdiction (access required)

The Russian owner of “stream-ripping” websites, which allow audio extraction from videos, should have known he could be sued in Virginia based upon the volume of visitors from Virginia and his other contacts with the United States. On remand, the ...

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Salesperson’s unpaid commission claims reinstated (access required)

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

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Legislators can’t remove gerrymander suit to federal court (access required)

North Carolina legislators who sued for alleged unconstitutional redistricting plans could not remove the suit to federal court under 28 U.S.C. § 1443. That provision applies only to executive officials charged with enforcing state laws who are sued for wrongful ...

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Asylum seeker established persecution and protected ground (access required)

Where a former member of the Guatemalan military credibly testified that he suffered persecution because of a political opinion imputed to him based on his opposition to the military’s inhuman conduct and his threats to report them to human rights ...

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Plea vacated; defendant didn’t understand elements of offense (access required)

A defendant who pleaded guilty to two firearms charges did not understand the essential elements of the offense to which he pleaded. Because the district court accepted the plea without giving the defendant notice of an element of the offense, ...

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