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Tag Archives: Per Curiam Opinion

4th Cir.: USCIS could disregard custody order lacking factual basis (access required)

It was not arbitrary or capricious for U.S. Citizenship and Immigration Services to reject special immigrant juvenile status for a Salvadoran girl on the basis of a state court order that lacked a factual basis for permanent custody with her ...

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4th Cir.: PETA can challenge N.C. employee access law (access required)

Animal rights groups sufficiently alleged an injury-in-fact to support their standing to challenge a recent North Carolina statute allowing employers to hold their employees civilly liable for damage caused by unauthorized access to nonpublic areas. Background The North Carolina Property ...

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CAV: Real perpetrator’s confession supports actual innocence (access required)

The court of appeals granted two petitions for writs of actual innocence, based on another person’s confession to both robberies for which the petitioner was convicted. Background In 2007, Petitioner Gary Bush was convicted in the City of Petersburg Circuit ...

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4th Cir.: Insurer has no duty to defend Love murder defendant (access required)

This litigation arises out of the tragic death of Yeardley Love, a University of Virginia student who died in 2010. Another student, George Huguely, was convicted of her murder. His petition for a writ of habeas corpus is pending. Yeardley’s mother, ...

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4th Cir.: Va. conviction constituted abusive sexual conduct (access required)

Appellant James Landry pled guilty to possession of images of minors engaging in sexually explicit conduct. The district court determined that Landry’s 2004 Virginia conviction for taking indecent liberties with children, in violation of Code § 18.2-370, qualifies as a ...

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CAV: Psychological report admission was harmless error (access required)

Even if the circuit court erred in admitting a psychological evaluation that had not been considered by the Juvenile & Domestic Relations Court, the totality of evidence supporting termination of parental rights made any such error harmless. Background In 2003, ...

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CAV: Termination upheld, despite mom’s addiction progress (access required)

Despite her negative drug tests and employment, the circuit court did not err in terminating a mother’s parental rights when she still had not obtained stable housing and had made little to no effort to see her children in several ...

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SCV: Continuing objection too general to preserve error (access required)

After unsuccessfully requesting a foreseeability instruction to the jury, the plaintiff – attempting to avoid numerous objections during the defense’s closing argument – obtained permission to enter a continuing objection, but failed to object with sufficient specificity as to any ...

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