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Tag Archives: Judge Stephanie Dawn Thacker

Exclusion of LGBTQ essay did not violate free speech (access required)

Where an elementary school principal omitted a fourth grader’s essay on LGBTQ equality from a student booklet because the material was not age-appropriate, she did not violate the First Amendment as her decision was reasonably related to legitimate pedagogical concerns ...

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First Step sentence reductions must be explained (access required)

Where defendants were granted reductions in their terms of supervised release under the First Step Act, the district court erred in not providing explanations for its decisions. Background Timothy McDonald, Anthony Ballard and Riccardo Mercellus Davey appeal district court orders ...

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HHS abortion rule enjoined (access required)

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

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‘Brady’ violations might have resulted in different outcome (access required)

Where evidence disclosed since a conviction for rape and burglary 44 years ago suggests the police suppressed material evidence in violation of the defendant’s rights under Brady v. Maryland, 373 U.S. 83 (1963), the district court was directed to consider ...

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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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Attempted assault qualified as ‘crime of violence’ (access required)

The defendant’s previous conviction for attempted assault under New York law constituted a “crime of violence” under the Sentencing Guidelines because the elements of New York attempt categorically match generic attempt and the statute requires specific intent and violent force. ...

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Board erred in awarding permit for Union Hill compressor station (access required)

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...

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Lack of sentencing rationale requires remand (access required)

Although the government did not challenge as procedurally unreasonable the downward departure of a sentence given to a man who pleaded guilty to assault for repeatedly injuring his infant son, the court was nevertheless required to analyze procedural reasonableness, which ...

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No qualified immunity for actions leading to false convictions (access required)

Where state and county law enforcement officers allegedly coerced a false confession out of two teenage boys with severe intellectual disabilities, the officers are not entitled to qualified immunity because they violated teenagers’ clearly established constitutional rights. Background This case ...

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