10Apr

Court Affirms Denial of Rule 59 Motion

Categories: 4th Cir. Blog

By Evelyn Norton Today, in an unpublished per curiam opinion, in the civil case of Wade v. U.S., the Fourth Circuit affirmed the decision of the District Court for the Southern District of West Virginia to deny a motion to alter or amend its judgment. The District Court Entered Judgment in Favor of Defendant and Denied […]

Tags: Civil Procedure motion

10Apr

Odor of Marijuana Gives Probable Cause to Search Car Trunk

Categories: 4th Cir. Blog

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By Lauren D. Emery On April 10, 2015, in United States v. Anthony Champion, an unpublished criminal opinion, the Fourth Circuit affirmed the ruling of the district court. Traffic Stop Results in Discovery of Stolen Weapons On January 13, 2013, a Virginia State Trooper pulled over Anthony Champion after witnessing him speeding and violating a […]

Tags: Criminal Law Drugs

9Apr

Fourth Circuit Affirms Drug Conviction & Sentence

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By Michael Mitchell Today, in the criminal case of United States v. Jenkins, an unpublished per curiam opinion, the Fourth Circuit affirmed the decision of the District Court for the District of South Carolina, upholding the defendant’s drug conviction and 170-month sentence. Defendant Challenges Plea Bargain and Sentence The Fourth Circuit considered the adequacy of the […]

Tags: Criminal Law Criminal Procedure Drugs Sentencing

9Apr

Erroneous Jury Instructions Enough to Get Plaintiff New Trial Against Real Estate Appraiser

Categories: 4th Cir. Blog

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By Rolf Garcia-Gallont Today, the Fourth Circuit released an unpublished opinion in the case of RFT Management Company LLC v. John Powell. Factual Background RFT Management Company, LLC, (“RFT”) purchased two lots from a real estate developer in a residential subdivision, hoping that the lots’ value would appreciate upon completion of the subdivision’s development. Due to the […]

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8Apr

Fourth Circuit Upholds Jury Verdict Under The Hobbs Act

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By Carson Smith On April 8, 2015, in United States v. Donahue, the Fourth Circuit upheld the conviction of Timothy Donahue for conspiracy to commit Hobbs Act robbery pursuant to 18 U.S.C. § 1951(a). A jury found him guilty and the district court sentenced him to 188 months in prison. Donahue raised two issues on appeal. […]

Tags: Hobbs Act Interstate Commerce Jury Verdict

8Apr

Fourth Circuit Reverses and Remands Real Estate Agent’s Breach of Contract Claim

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By Patrick Southern Today, the Fourth Circuit released an unpublished opinion in the civil case of Jones Lang LaSalle Americas, Inc. v. The Hoffman Family, LLC. The appellate court reversed a decision from the Eastern District of Virginia, where summary judgment had been previously granted to the defendant in this breach of contract claim. While the district […]

Tags: Breach Contracts Public Policy

7Apr

Fourth Circuit Reviews District Court’s Dismissal for Failure to State a Claim and Denial of Motion for Leave to Amend

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By Taylor Ey Today the Fourth Circuit issued its unpublished opinion in the civil case of Rowe v. Aurora Comm. Corp. Procedural History Plaintiffs James and Sharon Rowe filed an action in district court, contesting terms regarding a note of obligation on their property against Defendant loan servicers, Aurora Commercial Corporation and Nationstar Mortgage, LLC. Pursuant […]

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7Apr

Fourth Circuit Affirms Sentencing Judgment

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By Katharine Yale Yesterday, in the unpublished criminal case United States v. Hamilton, the Fourth Circuit reviewed the sentences of the defendant, Thomas Hamilton, and affirmed the district court’s judgment. A jury found Hamilton guilty of manufacturing marijuana and of possessing firearms and ammunition after having been convicted of a felony. The court sentenced him accordingly. On […]

Tags: Criminal Law Criminal sentence unaltered Evidence Sentencing

6Apr

Lies to Immigration Judge Doom Application for Legal Status

Categories: 4th Cir. Blog

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By Elissa Hachmeister On April 6, 2015, in the civil case Tassi v. Holder, the Fourth Circuit denied, in an unpublished per curiam opinion, Lili Agnes Djeukem Tassi’s petition for review of an order of the Board of Immigration Appeals (“BIA”). Agency Proceedings and Petition for Review Tassi, a native and citizen of Cameroon, appealed […]

Tags: Immigration

6Apr

Defendant Stuck With Guilty Plea After Ineffective Assistance of Counsel Claim Fails on Appeal

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By Marcus Fields Today, in U.S. v. Solares, an unpublished opinion, the Fourth Circuit affirmed the District Court for the Western District of North Carolina’s judgment against Adrian Solares imposing a 93-month sentence after Solares pled guilty to multiple firearm offenses. In doing so, the Fourth Circuit denied Solares’s ineffective assistance of counsel claim and […]

Tags: Criminal Law Criminal Procedure Plea agreement

3Apr

The Fourth Circuit Affirmed the Convictions of Two Somali Pirates

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By David Darr Today, in the criminal case of United States v. Beyle, a published opinion, the Fourth Circuit affirmed the convictions of two Somali pirates for various charges relating to piracy, including the murder of four Americans off the coast of Somalia. Defendants Contended the Court Lacked Jurisdiction and Violated Constitutional Rights On appeal, […]

Tags: Criminal Law Fifth Amendment International Law murder Piracy Sixth Amendment

3Apr

Maryland Security Guards Act Does Not Alter Common Law Respondeat Superior Liability

Categories: 4th Cir. Blog

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By: Michael Klotz Today, in the published opinion of Joseph Antonio v. SSA Security Inc. the Fourth Circuit affirmed the decision of District Judge Alexander Williams, Jr. of the District Court of Maryland. The issue on appeal was whether the Maryland Security Guards Act (“MSGA”) imposes liability on a security guard employer beyond the common […]

Tags: Arson certified question Negligence respondeat superior

Court Affirms Denial of Rule 59 Motion

Odor of Marijuana Gives Probable Cause to Search Car Trunk

Fourth Circuit Affirms Drug Conviction & Sentence

Erroneous Jury Instructions Enough to Get Plaintiff New Trial Against Real Estate Appraiser

Fourth Circuit Upholds Jury Verdict Under The Hobbs Act

Fourth Circuit Reverses and Remands Real Estate Agent’s Breach of Contract Claim

Fourth Circuit Reviews District Court’s Dismissal for Failure to State a Claim and Denial of Motion for Leave to Amend

Fourth Circuit Affirms Sentencing Judgment

Lies to Immigration Judge Doom Application for Legal Status

Defendant Stuck With Guilty Plea After Ineffective Assistance of Counsel Claim Fails on Appeal

The Fourth Circuit Affirmed the Convictions of Two Somali Pirates

Maryland Security Guards Act Does Not Alter Common Law Respondeat Superior Liability

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