28Oct

Fourth Circuit Denies Petition for Review of an Order Denying Request for Asylum

By Mike Stephens In a civil case, Zhikeng Tang v. Loretta E. Lynch, decided today, October 28, 2016, the Fourth Circuit denied petition for review of an order from the Board of Immigration Appeals (“Board”) denying requests for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or […]

27Oct

Fourth Circuit Reverses for Admittance of Prior Arrest Evidence

Categories: 4th Cir. Blog Civil Cases

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By Sophia Blair On October 27th, 2016, the Fourth Circuit reversed and remanded a civil case, Makia Smith v. Baltimore City Police Dep’t, to the District of Maryland after determining that the district court improperly admitted evidence under Federal Rule of Evidence 404(b) and the admittance resulted in reversible error. Summary of the Facts and […]

Tags: 42 U.S.C. § 1983 Battery Evidence FRE 404(b) harmless error Police unlawful arrest

26Oct

Fourth Circuit Declines to Invalidate Petitioner’s Guilty Plea

Categories: 4th Cir. Blog Criminal Cases

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By Ali Fenno On October 25, 2016, the Fourth Circuit issued a published opinion in the criminal case of Dingle v. Stevenson. In Dingle, the Fourth Circuit addressed whether the Supreme Court’s holding in Roper v. Simmons, which invalidated the use of capital punishment against juvenile offenders, should apply retroactively to undo a guilty plea […]

Tags: Criminal Law Criminal Procedure Guilty Plea habeas corpus petition Plea Agreements Sentencing

26Oct

Fourth Circuit Vacates Exclusion of Grand Jury Evidence in Human Trafficking Case

Categories: 4th Cir. Blog Criminal Cases

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By John Van Swearingen On Wednesday, October 26, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Alvarado. The district court had issued an order precluding the government from calling upon two witnesses to testify about anything discussed during a grand jury proceeding for a post-superseding indictment; the order […]

Tags: appeal criminal Evidence exclusion grand jury remedy

23Oct

Fourth Circuit Affirms Conviction in Unlawful Receipt of Government Benefits Case

Categories: 4th Cir. Blog Criminal Cases

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By: Kristina Wilson On Friday, October 21, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Wharton. The Fourth Circuit affirmed the District Court’s conviction of the defendant for conspiracy, making a false statement, theft, and embezzlement, all in connection with her unlawful receipt of government benefits. On appeal, the […]

Tags: Constitutional Law Criminal Law Criminal Procedure Fourth Amendment

10Oct

Fourth Circuit Explains the Collateral Source Rule Pertains to Medicaid

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Mellan On October 7, 2016, the Fourth Circuit issued a published opinion in Simms v. United States, a civil case involving the application of the collateral source rule to damages awarded to Misty Simms (“Simms”), a mother who brought this wrongful birth action against the United States under the Federal Tort Claims Act […]

Tags: collateral source rule Medicaid tort law

7Oct

Fourth Circuit Clarifies Definition of “Debt Collectors,” Affirms Dismissal of Truth in Lending Act Claims

Categories: 4th Cir. Blog Civil Cases

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By Mike Stephens This afternoon, October 7, 2016, the Fourth Circuit issued a published opinion in the civil case McCray v. Federal Home Loan Mortgage Corp. The Fourth Circuit affirmed the district court’s decision to dismiss the Plaintiff’s Truth in Lending Act (“TILA”) claims regarding notice. However, the Fourth Circuit reversed and remanded the district court’s decision that […]

Tags: Civil Litigation Debt Collection Dismissal Fair Debt Collection Practices Act Summary Judgment Truth in Lending Act

14Apr

Fourth Circuit Affirms Insurance Company’s Denial of Coverage

Categories: 4th Cir. Blog Civil Cases

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By Blake Stafford On April 14, 2016, the Fourth Circuit issued a published opinion in St. Paul Mercury Insurance Co. v. American Bank Holdings, Inc., a civil case concerning the denial of insurance coverage based on untimely notice to the insurer by the insured of the underlying claim. American Bank Holdings, Inc. (“American Bank”) was […]

Tags: Insurance

12Apr

Fourth Circuit Vacates Federal Carjacking Conviction

Categories: 4th Cir. Blog Criminal Cases

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By George Kennedy On April 12, 2016, the Fourth Circuit issued its published opinion in the case of United States v. Bailey. The Fourth Circuit vacated a conviction for carjacking in violation of 18 U.S.C. § 2119, finding there was insufficient evidence to establish that Defendant had the specific intent necessary to sustain a federal […]

Tags: Criminal Law Criminal Procedure

8Apr

Fourth Circuit Applies Davis Deliberate Indifference Standard to § 504 Student-on-Student Harassment Claims

Categories: 4th Cir. Blog Civil Cases

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By Sarah Saint On April 8, 2016, the Fourth Circuit released its published opinion in the civil case of S.B. v. Board of Education of Harford. S.B., a student with disabilities who attend Aberdeen High School in Harford County, Maryland, by and through his mother, A.L., sued the Harford County Board of Education (the “Board”), […]

Tags: 504 ADA Americans with Disabilities Act Disability Discrimination Education Education law Summary Judgment

31Mar

Fourth Circuit Affirms No Qualified Immunity in Excessive Force Case

Categories: Civil Cases

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By Blake Stafford On March 31, 2016, the Fourth Circuit issued its published opinion in Yates v. Terry, a civil case concerning a police officer’s qualified immunity defense against a claim of excessive force. After being tased three times during a nonviolent traffic stop, Brian Yates (“Yates”) filed an action against the arresting officer, Christopher […]

Tags: § 1983 Excessive Force Interlocutory Appeal

30Mar

Fourth Circuit Refuses to Prosecute Juvenile as an Adult

Categories: 4th Cir. Blog Criminal Cases

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By Malorie Letcavage On March 30, 2016, the Fourth Circuit released its published opinion in the criminal case of U.S. v. Under Seal Defendant. The Defendant was a juvenile and federal law prohibits the public release of that juvenile’s name in association with the proceedings, so the juvenile was referred to as Defendant. Defendant was […]

Tags: Criminal Law Juveniles Mandatory sentence Sentencing unconstitutional

Fourth Circuit Denies Petition for Review of an Order Denying Request for Asylum

Fourth Circuit Reverses for Admittance of Prior Arrest Evidence

Fourth Circuit Declines to Invalidate Petitioner’s Guilty Plea

Fourth Circuit Vacates Exclusion of Grand Jury Evidence in Human Trafficking Case

Fourth Circuit Affirms Conviction in Unlawful Receipt of Government Benefits Case

Fourth Circuit Explains the Collateral Source Rule Pertains to Medicaid

Fourth Circuit Clarifies Definition of “Debt Collectors,” Affirms Dismissal of Truth in Lending Act Claims

Fourth Circuit Affirms Insurance Company’s Denial of Coverage

Fourth Circuit Vacates Federal Carjacking Conviction

Fourth Circuit Applies Davis Deliberate Indifference Standard to § 504 Student-on-Student Harassment Claims

Fourth Circuit Affirms No Qualified Immunity in Excessive Force Case

Fourth Circuit Refuses to Prosecute Juvenile as an Adult

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