29Mar

Weekly Roundup – 3/25-3/29

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 […]

Tags: Conspiracy Criminal Law Daubert Factors Drugs Education Expert Witnesses Immigration

30Nov

Weekly Roundup – 11/26-11/30

Categories: 4th Cir. Blog Civil Cases Criminal Cases Weekly Roundup

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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 […]

Tags: Civil Law Civil Rights Constitutional Law Criminal Law Death Penalty Fourth Amendment Fourth Circuit Sentencing

9Nov

Weekly Round-Up – 11/5-11/9

Categories: 4th Cir. Blog Criminal Cases Weekly Roundup

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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 […]

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30Mar

Fourth Circuit Finds Duration of Traffic Stop Reasonable under Fourth Amendment

Categories: 4th Cir. Blog Archive Criminal Cases

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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 […]

Tags: Fourth Amendment Police reasonable rodriguez Search Seizure Traffic Stop

29Mar

Fourth Circuit Applies Deferential Standard to Affirm Denial of § 2254 Petition

Categories: 4th Cir. Blog Archive Criminal Cases

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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 […]

Tags: Criminal Law Criminal Procedure habeas corpus Ineffective Assistance of Counsel

16Mar

Fourth Circuit Clarifies Definition of “Travel in Foreign Commerce” in Sex Offense Case

Categories: 4th Cir. Blog Archive Criminal Cases

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By Sophia Blair On January 4, 2017, the Fourth Circuit published a criminal case, United States v. Schmidt. Richard Schmidt (“Schmidt”) originally pled guilty to traveling in foreign commerce and engaging in illicit sexual conduct in violation of 18 U.S.C. § 2423(c). However, claiming ineffective counsel, Schmidt argued that he did not, as a matter of […]

Tags: 18 U.S.C. § 2423 criminal foreign commerce illicit sexual conduct statutory interpretation

16Mar

Fourth Circuit Affirms North Carolina Statute Constitutes a State Law Relating to the Sexual Exploitation of Children

Categories: 4th Cir. Blog Archive Criminal Cases

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By Katie Baiocchi On March 15, 2017, the Fourth Circuit issued a public opinion in the criminal case of United States v. Mills. In Mills, the Fourth Circuit addressed the question of whether the district court erred in concluding that taking indecent liberties with children constitutes a state crime relating to the sexual exploitation of […]

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13Mar

Fourth Circuit Holds the Virginia Crime of Common Law Robbery is Not a Violent Felony for Federal Sentencing Purposes

Categories: 4th Cir. Blog Archive Criminal Cases

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By John Van Swearingen On March 13, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Winston. Robert Winston (“Appellant”), currently serving a 275-month sentence for a federal firearms charge from 2002, filed a motion for post-conviction relief under 28 U.S.C. § 2255 (2012) in the United States District […]

Tags: Armed Career Criminal Act Common Law Robbery Enhanced sentencing Federal Sentencing Felony force Fourth Circuit Physical Force Sentencing Sentencing Enhancement Violent Felony Violent Force Virginia

1Mar

Fourth Circuit Affirms Juror’s Ambiguous Statement Insufficient to Demonstrate Ineffective Assistance of Counsel

Categories: 4th Cir. Blog Archive Criminal Cases

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By M. Allie Clayton Today, in the criminal case of United States v. Powell, a published opinion, the Fourth Circuit affirmed the District Court in holding that a juror’s statement of “everything would be alright” and that the father needed to give his son “a good kick in the butt” was too ambiguous to establish […]

Tags: Criminal Law Ineffective Assistance Ineffective Assistance of Counsel Sixth Amendment

27Feb

Fourth Circuit Affirms Conviction for Mine Health and Safety Violations

Categories: 4th Cir. Blog Archive Criminal Cases

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By: Kristina Wilson On Thursday, January 19, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Blankenship. The Fourth Circuit affirmed the defendant’s conviction for federal mine safety laws and regulations and held that the District Court committed no reversible error. The defendant raises four arguments on appeal. Facts […]

Tags: criminal Criminal Law The Federal Mine Safety and Health Act of 1977

23Feb

Fourth Circuit Remands Deaf Prisoner’s Claims that Prison Failed to Accommodate

Categories: 4th Cir. Blog Criminal Cases

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By Mike Stephens On Thursday, February 23, 2017, the Fourth Circuit issued a published opinion in Heyer v. U.S. Bureau of Prisons. Appellant, Thomas Heyer, brought several claims against the United States Bureau of Prisons (BOP) for failing to accommodate his deafness. After reviewing the district court’s grant of summary judgment in favor of BOP, the Fourth […]

Tags: civil custody Fifth Amendment First Amendment Summary Judgment Turner v. Safley

23Feb

Fourth Circuit Upholds Traffic Stop as Constitutional Under the Fourth Amendment

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On February 23, 2017, the Fourth Circuit issued a published opinion in United States v. Hill, a criminal appeal on behalf of two defendants. Defendant-Appellants Darren Hill (“Hill”) and Lloyd Dodwell (“Dodwell”) appealed the Western District of North Carolina’s denial of their motion to suppress evidence pertaining to an allegedly unconstitutional […]

Tags: Constitutional Law Criminal Law Fourth Amendment search and seizure

Weekly Roundup – 3/25-3/29

Weekly Roundup – 11/26-11/30

Weekly Round-Up – 11/5-11/9

Fourth Circuit Finds Duration of Traffic Stop Reasonable under Fourth Amendment

Fourth Circuit Applies Deferential Standard to Affirm Denial of § 2254 Petition

Fourth Circuit Clarifies Definition of “Travel in Foreign Commerce” in Sex Offense Case

Fourth Circuit Affirms North Carolina Statute Constitutes a State Law Relating to the Sexual Exploitation of Children

Fourth Circuit Holds the Virginia Crime of Common Law Robbery is Not a Violent Felony for Federal Sentencing Purposes

Fourth Circuit Affirms Juror’s Ambiguous Statement Insufficient to Demonstrate Ineffective Assistance of Counsel

Fourth Circuit Affirms Conviction for Mine Health and Safety Violations

Fourth Circuit Remands Deaf Prisoner’s Claims that Prison Failed to Accommodate

Fourth Circuit Upholds Traffic Stop as Constitutional Under the Fourth Amendment

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