Wake Forest Law Review

31Oct

First Amendment Rights of a Prosecutor

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By Chase Stevens Overview On October 17, 2017, the Fourth Circuit published its decision in Borzilleri v. Mosby. This case dealt with the issue of First Amendment rights for prosecutors engaging in political activity as private citizens. Since around 2006, Plaintiff (Borzilleri) had been an Assistant State Attorney, which required her to make plea deals […]

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28Oct

Weekly Roundup – 10/23-10/27

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Weekly Roundup: 10/23-10/27 By: Hanna Monson and Sarah Spangenburg United States v. Julian Zuk In this criminal case, the Government appealed the district court’s sentencing of defendant Julian Zuk as being “substantively unreasonable” after he had pled guilty to possessing child pornography as part of a plea agreement. The Fourth Circuit vacated the sentence and […]

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21Oct

Weekly Roundup – 10/14-10/21

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American Humanist Association v. Maryland-National Capital Park In this First Amendment case, the Fourth Circuit reversed the District Court’s ruling that a 40-foot tall Latin cross, established as a monument to fallen soldiers of World War I, did not violate the Establishment Clause. The entire panel found the plaintiffs had standing to challenge the monument’s […]

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14Oct

Weekly Roundup 10/9-10/13

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Weekly Roundup 10/9-10/13 By: Evan Reid & Ashley Collette United States v. Salmons In this criminal case, the defendant appealed the district court’s decision, which found his prior crime of aggravated robbery was a predicate crime under the force clause of U.S.S.G.§ 4B1.2, thus requiring a longer minimum sentence. The Fourth Circuit affirmed the judgment […]

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7Oct

Weekly Roundup: 9/25-9/29

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Weekly Roundup: 9/25-9/29 By: Chase Stevens & Robert Tucci Brown v. Commissioner Social Security Administration           In this administrative law case, the claimant appealed the district court’s decision affirming the Commissioner of Social Security’s denial of the claimant’s request for disability insurance benefits. The Fourth Circuit vacated the judgment of the […]

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5Oct

Forfeited Assets Unavailable to Pay for Appellate Counsel

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By Adam McCoy On Monday, September 25, 2017, the Fourth Circuit issued a published opinion in a criminal case, United States v. Marshall.  Andracos Marshall (“Marshall”) was found guilty of several crimes including conspiracy to commit money laundering.  The Government filed motions for forfeiture and district court entered an order for forfeiture in amount of […]

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5Oct

Fourth Circuit Affirms Denial of Motion for Preliminary Injunction to Enforce Settlement Agreements

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By Shawn Namet On September 28, 2017, the Forth Circuit issued a published opinion in Di Biase v. SPX Corp.  Plaintiffs, retirees of SPX Corporation (“SPX”) as well as the International Union United Automobile, Aerospace and Agricultural Implement Workers of America, UAW (collectively, “Plaintiffs”) filed a motion for preliminary injunction in an action to enforce […]

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