Tag Archives: Judge Stephanie Dawn Thacker

Government could make second search of cellphone (access required)

Although evidence obtained during a military search of the defendant’s cellphone was inadmissible because it violated the Military Rules of Evidence, the good-faith exception to the exclusionary rule and “fruit of the poisonous tree” doctrine nonetheless allowed the government to ...

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Employee’s depression led to absences and tardiness (access required)

Where an employee’s depression resulted in repeated absences and tardiness from work, her employer’s refusal to offer her a permanent position did not constitute unlawful discrimination or retaliation. Background In March 2011, the Office of the Director of National Intelligence ...

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Forest Service abdicated its responsibilities (access required)

The appellate court found that although the Forest Service had “serious environmental concerns,” it was “suddenly, and mysteriously, assuaged in time to meet a private pipeline company’s deadlines” in issuing a permit for the Atlantic Coast Pipeline, a natural gas ...

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4th Cir.: Juror’s voir dire omission demands further inquiry (access required)

In a habeas challenge brought by a defendant on death row for the murder of a Norfolk law enforcement officer, an evidentiary hearing is necessary to determine whether juror bias tainted the conviction. Despite a straightforward inquiry by trial counsel, ...

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4th Cir.: Pipeline’s federal land permits invalidated (access required)

Under three environmental statutes, the Bureau of Land Management and U.S. Forest Service improperly approved rights-of-way through federal lands for Mountain Valley Pipeline’s construction and operation of the largest pipeline of its kind to cross the Jefferson National Forest. Background ...

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4th Cir.: Plaintiffs exhausted chances to cure deficient complaints (access required)

Protracted litigation repeatedly put consumer-plaintiffs on notice that their complaints failed to meet Rule 8 pleading standards, but they never amended their complaints during this time despite having leave to do so. Thus, the district court did not err in ...

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