By Daniel Stratton On June 30, 2015, the Fourth Circuit issued a published opinion in the criminal case Prieto v. Zook. The appellant, Alfredo Rolando Prieto appealed the district court’s denial of his writ of habeas corpus under 28 U.S.C. § 2254. Prieto argued that his two death sentences were unconstitutional under the Eight Amendment’s […]
By Malorie Letcavage On June 1, 2015, the Fourth Circuit released its published opinion in the civil case Huntington Ingalls Industries, Inc. v. Eason. The appellant, Huntington Ingalls Industries, Inc. (HI), appealed the Administrative Law Judge’s decision to grant further compensation for temporary partial disability to appellee, Ricky Eason, under the Longshore and Harbor Worker’s […]
By Eric Jones On May 29, 2015, the Fourth Circuit issued a published opinion in the civil case Dillon v. BMO Harris Bank. The Circuit Court held that the district court erred when it denied appellant’s renewed motion to compel arbitration pursuant to loan agreements that the plaintiff had signed. Thus, the Fourth Circuit vacated and […]
By Elizabeth DeFrance On May 27, 2015, the Fourth Circuit issued a published opinion in the civil case Wright v. North Carolina. The Court considered whether the District Court for the Eastern District of North Carolina erred in ruling Senate President Pro Tem Philip Berger and General Assembly Speaker Thom Tillis could not be properly […]
By Eric Benedict On May 21, 2015, the Fourth Circuit issued its published opinion in the civil case Foster v. University of Maryland-Eastern Shore. In Foster, the court set out to determine the impact of the Supreme Court’s University of Texas Southwestern Medical Center v. Nassar opinion on Title VII retaliation analysis. Iris Foster claimed that the University […]
By Amanda Whorton On June 18, 2015, the Fourth Circuit issued a published opinion in the civil case Copeland v. Bieber. The court held that, in a copyright infringement claim under the Copyright Act of 1976, a reasonable jury could find that the plaintiff and defendant’s songs are intrinsically similar. Copeland and Bieber’s “Somebody to Love” […]
By Taylor Anderson On May 21, 2015, the Fourth Circuit issued its published opinion regarding the civil case Blake v. Ross. The appellant, inmate Shaidon Blake (“Blake”), appealed the district court’s summary dismissal of his 42 U.S.C. § 1983 excessive force claim against Appellee Lieutenant Michael Ross (“Ross”) on the ground that Blake failed to […]
By Sarah Saint On May 20, 2015, the Fourth Circuit issued a published opinion in the criminal case U.S. v. Wynn, affirming the district court’s judgment. Anthony Wynn was convicted of drug offenses and sentenced to imprisonment followed by supervised release. Wynn violated the conditions of his release by possessing marijuana. The district court considered Wynn’s […]
By Whitney Pakalka On May 19, 2015, The Fourth Circuit issued a published opinion in the civil case of Ussery v. Mansfield, 786 F.3d 332. Sammy Ussery filed suit under 42 U.S.C. § 1983 alleging that officers at the North Carolina penal institution where he was incarcerated caused him serious injuries by their use of […]
By George Kennedy On May 19, 2015, the Fourth Circuit issued a published opinion in the civil case of Radiance Foundation v. NAACP. The court held that an online article describing the NAACP as the “National Association for the Abortion of Colored People” did not infringe upon or dilute trademarks held by the NAACP (the National […]
by Sarah Walton On May 14, 2015, the Fourth Circuit issued a published opinion in the criminal case of United States v. Bercian-Flores. The court held that the defendant’s prior conviction of transporting illegal aliens was punishable “by imprisonment for a term exceeding one year” and therefore qualified as an aggravating felony under Federal Sentencing […]
By: Mikhail Petrov Today, in the criminal case of Watkins v. Hoke, the Fourth Circuit issued a published opinion reversing the decision of the United States District Court for the Southern District of West Virginia. In its decision, the Fourth Circuit denied habeas corpus to Defendant Steven Watkins (“Watkins”), who was convicted of attempted robbery. […]