By Nicholas Pappayliou and Samuel Gilleran Early last week, the Fourth Circuit Court of Appeals held that victorious plaintiff voters were entitled to reasonable attorney’s fees and costs from the opposing party, the Guilford County Board of Elections, despite the fact that the Board merely enforced but did not craft the legislation giving rise to […]
By Caroline Hamilton and Alex Prunka During the 2014–15 school year, Caleigh Wood was an eleventh grade student at La Plata High School in Charles County, Maryland.[1] Wood was required to take a world history course as a part of the school’s curriculum, featuring a small, five-day unit entitled “The Muslim World.”[2] This unit was […]
R.F. v. Cecil County Public Schools This case is a civil case where the parents of a child with disabilities challenged an administrative law judge’s determination that Cecil County Public Schools (“CCPS”) had fulfilled its obligation to provide the child with a free appropriate public education under the Individuals with Disabilities Education Act (“IDEA”). There […]
By Kayla West and Jim Twiddy Mark Lawlor v. David Zook In this criminal case, the Appellant sought a review of his death sentence. A Virginia state court sentenced the Appellant to death after his conviction for capital murder. During his sentencing, the sentencing jury found that the Appellant would likely continue to commit criminal […]
By Tristan Meagher and Nick McCauslin United States v. Thomas In this criminal case, LaMarcus Thomas was charged with producing child pornography based on evidence obtained from his cellular phone. Thomas sought to suppress this evidence, arguing that the affidavit submitted by the arresting officer in the warrant application did not establish the probable cause […]
Dear Readers, Thank you for visiting the 4th Circuit blog! We are now on summer hiatus to allow our bloggers to prepare for the end of the semester and the start of summer activities. Please check back in August for the latest 4th Circuit opinions. See you then. Thank you, 4th Circuit Blog Team
By Kelsey Hyde On March 14, 2017, the Fourth Circuit amended their March 13, 2017 published opinion in the case of Cantillano Cruz v. Sessions III where the Court granted a petition for review of a final order from the Board of Immigration Appeals (BIA). In its decision, the Court reversed the administrative court’s denial […]
By Kelsey Mellan On March 23, 2017, the Fourth Circuit issued a published opinion in Custis v. Davis, a civil appeal of the district court’s sua sponte dismissal of a federal prisoner’s grievance claim. Plaintiff Ryricka Custis, a federal inmate, filed a complaint through his prison’s administrative grievance process but was subsequently denied relief. […]
By Sophia Blair On March 30, 2017, the Fourth Circuit issued a published criminal opinion, United States v. Hill. Donald Hill (“Hill”) pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). However, he appealed the district court’s denial of his motion to suppress his statements and a firearm seized […]
By Mickey Herman On Thursday, March 30, 2017, the Fourth Circuit issued a published opinion in LVNV Funding, LLC v. Harling, a bankruptcy case. Creditor-appellant, LVNV Funding, LLC (“LVNV”) appealed the bankruptcy court’s decision to sustain Rhodes’ and the Harling’s (collectively “Debtors”) objections to LVNV’s unsecured claims, which were raised after the confirmation date. After […]
By Ali Fenno On November 23, 2016, the Fourth Circuit issued a published opinion in the criminal case of Rodriguez v. Bush. In Rodriguez, the Fourth Circuit addressed whether the failure of Nicanor Perez Rodriguez’s (“Rodriguez”) trial counsel, James Ervin (“Ervin”), to object to a trial judge’s rejection of Rodriguez’s plea agreement constituted “ineffective assistance […]
By John Van Swearingen On March 24, 2017, the Fourth Circuit issued a published opinion in the prisoner civil rights case Porter v. Clarke. Plaintiffs, originally four Virginia death row inmates, filed a complaint in the United States District Court for the Eastern District of Virginia alleging that the conditions of their confinement amounted to […]