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Tag Archives: U.S. District Court – Western District

Ex-husband gets homestead exemption in real estate proceeds (access required)

Where a divorcing couple intended to turn a tenancy-by-the-entireties in their home into a tenancy-in-common in the proceeds once they sold it, the ex-husband can claim a homestead exemption in his portion of the proceeds. Background Phillip Roadcap is a ...

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Untainted funds can be used to pay attorney’s fees (access required)

A defendant facing multiple suits involving money laundering, including a criminal prosecution and civil forfeiture proceeding, may tap “untainted” funds to pay his legal fees. Background The United States filed this civil case pursuant to 18 U.S.C. §1345, seeking an ...

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Virginia Tech student’s due process rights not violated (access required)

Virginia Tech’s ministerial acts in reporting the academic status of a student on an F-1 visa who was arrested for weapons possession did not violate the student’s due process rights. Background Yunsong Zhao came to the United States on an ...

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Failure to ask lawyer to appeal dooms effort to vacate sentence (access required)

A defendant who did not instruct his attorney to bring an appeal cannot later claim the attorney rendered ineffective assistance of counsel for not appealing his sentence. Background Petitioner was indicted in a 16-count indictment on Oct. 15, 2015. On ...

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