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Tag Archives: Judge William B. Traxler Jr.

4th Cir.: Substitute judge erred in granting reconsideration (access required)

After the initial trial judge’s retirement, the re-assignment judge erred in reconsidering and effectively reversing a highly fact-dependent decision to recognize the defendants’ immunity from suit. The reconsideration exceeded the bounds of Rule 54. Background Defendants Jason Carpenter, Christopher Small, ...

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4th Cir.: Law covering “de minimis” theft no grounds for removal (access required)

Because not all of the offenses encompassed under Maryland’s theft statute qualify as crimes involving moral turpitude, the Board of Immigration Appeals erred in concluding that the petitioner committed such crimes and was thus ineligible for cancellation of removal. Background ...

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4th Cir.: With pedophilia diagnosis rejected, commitment ends (access required)

The district court did not err in finding that a developmentally disabled individual, civilly committed as a sexually violent predator, no longer met the criteria for continued commitment and must be released. Background Appellant Walter Wooden was born in 1956 ...

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4th Cir.: “Sexually dangerous person” finding affirmed (access required)

Although the defendant claimed that he could control his pedophilic impulses and that his past behavior was limited to mere exhibition, not “hands-on offenses,” the district court properly found him to be a “sexually dangerous person.” Background Appellant Kaylan Bell ...

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4th Cir.: Officer lacked reasonable suspicion of drug crime (access required)

An officer lacked reasonable suspicion to prolong an early-morning traffic stop, despite the apparent nervousness of the driver and passenger, the driver’s claim that he’d just purchased the vehicle despite being unemployed, and evidence of a long-distance trip inconsistent with ...

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Removal contingent on alter-ego issue (access required)

Although a forum-selection clause effectively precluded removal by naming a North Carolina county without a federal courthouse, the court of appeals returned the case to the district court to determine whether the clause bound all defendants. Defendant/Appellant Saber Healthcare Group ...

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Burden on Inmate’s Religious Rights Not Justified (access required)

The government was not entitled to summary judgment against an inmate who claimed that his religious freedom was violated, the appellate court held. Appellant Aaron Carter, a Virginia prisoner, follows dietary restrictions in accordance with his religion (Nation of Islam). ...

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Habeas Petition – Constitutional – Solicitation of a Minor (access required)

After MacDonald v. Moose, 710 F.3d 154 (4th Cir. 2013), declared the former version of Virginia’s sodomy statute, Va. Code § 18.2-361(A), to be facially invalid under Lawrence v. Texas, 539 U.S. 558 (2003), Virginia’s Supreme Court held that the ...

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Constitutional – First Amendment – Rastafarian Services – Administrative Remedies (access required)

Wilcox v. Brown (VLW No. 017-2-210, 14 pp.) (Traxler, J.) 16-7596; Dec. 5, 2017; USDC at Asheville, N.C. (Whitney, C.J.) 4th Cir. Holding: Where the plaintiff-prisoner alleges that defendants discontinued Rastafarian services because the prison was without a chaplain, but ...

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