Wake Forest Law Review

2Feb

Fourth Circuit Addresses Elements Under Immigration Marriage Fraud Statute

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By Elissa Hachmeister On Monday, February 2, in the criminal case of United States v. Fatih Sonmez, a published opinion, the Fourth Circuit held that the District Court for the District of Maryland did not abuse its discretion when it rejected the defendant’s proposed jury instructions in favor of a charge tracking the actual statutory language. Immigration […]

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2Feb

A Limited Partnership: Unambiguous Agreement Prevents Transfer of Interest to Non-Family Member

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By Marcus Fields             Today in Lee Graham Shopping Center, LLC v. Estate of Diane Z. Kirsch, a published opinion, the Fourth Circuit determined that the relevant Partnership Agreement was unambiguous in its prohibition of gift transfers of partnership interests to non-family members. Therefore the late Kirsch’s transfer of her partnership interest to Wayne Cullen […]

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30Jan

The Fourth Circuit Dismissed a Social Security Appeal Because It Was Not Filed Timely

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By David Darr Today, in Schaller v. Colvin, an unpublished per curium opinion, the Fourth Circuit dismissed an appeal from the Eastern District of North Carolina due to failure to enter a timely appeal. Because of this, the Eastern District of North Carolina’s decision denying William Howard Schaller social security benefits stood. Was Schaller’s Appeal […]

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29Jan

Fourth Circuit Determines Miranda Warning Was Not Required

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By Evelyn Norton Today, in an unpublished per curiam opinion, United States v. Hartsoe, the Fourth Circuit affirmed the decision of the U.S. District Court for the District of South Carolina convicting Jerry Elmo Hartsoe of mail fraud and making false statements. Hartsoe Argued His Statements Were Improperly Admitted into Evidence In the District Court, […]

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29Jan

Fourth Circuit Holds Guilty Plea Was Supported by an Adequate Factual Basis

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By Diana C. Castro Today, in the criminal case United States v. Adonte Young, the Fourth Circuit affirmed in an unpublished opinion the decision of the District Court for the Western District of North Carolina, holding Young’s guilty plea was supported by an adequate factual basis.  Defendant Questions Whether His Guilty Plea Was Adequately Supported […]

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28Jan

Fourth Circuit Not “Playing Games” in Retaliatory Firing Case 

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By Joshua P. Bussen On Monday, January 26, in the civil case of Jones v. Southpeak Interactive Corporation, a published opinion, the Fourth Circuit established that in a claim for retaliatory firing under 18 U.S.C. § 1514A, part of the Sarbanes-Oxley Act of 2002 (“SOX”), evidence of an administrative complaint that was not answered within 180 days […]

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28Jan

Release Revocation Based on Evidence

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By Andrew Kilpinen On Wednesday, January 28, 2015, in an unpublished opinion without oral arguments, the 4th Circuit, in U.S. v. Trala, affirmed the findings of the Eastern District of North Carolina that John Walter Trala (“Trala”) violated the terms of his supervised release. Trala’s Release Was Revoked For Possessing a Stolen Firearm as a […]

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27Jan

Power Fuels Jurisdictional Debate Over Coal Facility

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By Chad M. Zimlich Today, in the civil case Power Fuels, LLC v. Federal Mine Safety & Health, a published opinion, the Fourth Circuit denied a petition for review by Power Fuels, LLC (“Power Fuels”) to the Secretary of Labor’s assignment of jurisdiction over Power Fuels’ facility. Defining What Facilities Fall under the Mine Act […]

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27Jan

A Second Chance for Refuge: Fourth Circuit Remands Denial of Political Asylum

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By Caroline Daniel In a published civil opinion released today, the Fourth Circuit remanded an immigration claim back to the Board of Immigration Appeals (“BIA”).  In Ilunga v. Holder, the Court vacated the BIA’s denial of Plaintiff Faustin Mukadi Ilunga’s (“Ilunga”) petition for asylum and ordered new proceedings consistent with the opinion. Immigration Judge Questions Ilunga’s Credibility […]

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26Jan

Fourth Amendment Protects Curtilage of Home From Unreasonable Search

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By Dan Menken Today, in the civil case of Covey v. Assessor of Ohio County, a published opinion, the Fourth Circuit reversed the district court’s dismissal of Christopher and Lela Covey’s suit against government officials for entering the curtilage of their house without a search warrant. Question of Fourth Amendment Protection From Unreasonable Government Intrusion […]

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23Jan

Fourth Circuit Affirms Sentencing Despite District Court’s Reference to Rehabilitation

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By Kaitlin Price Today, in the criminal case of United States v. Lemon, a published opinion, the Fourth Circuit held that the district court did not plainly err when it discussed Lemon’s rehabilitative needs during its sentencing procedure. The Court affirmed the district court’s twenty-four month prison sentence for Lemon’s violations of her supervised release. […]

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23Jan

No Cause of Action for NATO’s Intentional Sinking of Ship and Accidental Killing of Owner

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By Lauren Emery Plaintiff Challenges District Court’s Finding of No Cause of Action in NATO’s Intentional Sinking of a Fishing Vessel and Unintentional Killing of its Owner In Wu Tien Li-Shou v. United States, a published civil opinion released on January 23rd, the Fourth Circuit considered whether the intentional sinking of a fishing boat and […]

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