Wake Forest Law Review

29Oct

Former Governor Bob McDonnell’s Conviction Affirmed for Role in Bribery Scheme

Categories: 4th Cir. Blog
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By Daniel Stratton On July 10, 2015, the Fourth Circuit affirmed the conviction of former Virginia Governor Robert McDonnell on eleven corruption charges stemming from bribes he and his wife, Maureen McDonnell, had accepted from Jonnie Williams, CEO of Star Scientific Inc. The Fourth Circuit provided an explanation for affirming the conviction in a published […]

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29Oct

Fourth Circuit Upholds Summary Judgment on Time Barred Claims with Insufficient Facts

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By Malorie Letcavage On July 7, 2015, the Fourth Circuit issued its published opinion in the civil case Poindexter v. Mercedes-Benz Credit Corp. Ms. Virginia Poindexter appealed the district court grant of Mercedes-Benz Credit Corporation’s (“MBCC”) motion for summary judgment. That court held that all of Poindexter’s claims were time barred and she failed to […]

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28Oct

Arbitration Award Upheld in Debt Reduction Service Case

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By Eric Jones On July 6, 2015, the Fourth Circuit issued a published opinion in the civil case Jones v. Dancel.  Several plaintiffs, representing a class of individuals who utilized a credit management and debt reduction service, appealed to the Circuit asking that an arbitration award be reversed.  Because the arbitrator had not manifestly disregarded […]

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27Oct

Prisoner’s Due Process Claim Not Confined by District Court’s Decision

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By Taylor Anderson On July 1, 2015, the Fourth Circuit issued its published opinion regarding the civil case Incumaa v. Stirling. The appellant, prisoner Lumumba Kenyatta Incumaa (“Incumaa”), appealed the district court’s decision granting appellee South Carolina Department of Corrections’ (the “Department”) motion for summary judgment on the ground that the Department’s policy did not […]

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27Oct

Fourth Circuit – “§ 1983 Claim Cannot Co-Exist with Valid Conviction”

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  By Eric Benedict On October 27th, 2015, the Fourth Circuit issued its published opinion in the civil case, Griffin v. Baltimore Police Dept. In Griffin, the Fourth Circuit affirmed the District Court’s determination that Griffin’s § 1983 claim (42 U.S. Code § 1983) was barred by the standards set forth in Heck v. Humphrey. […]

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26Oct

Fourth Circuit Affirms District Court’s Dismissal of False Advertising Claims

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By Amanda Whorton On June 19, 2015, the Fourth Circuit issued a published opinion in the civil case Brown v. GNC Corp. The court held that in order to assert a false advertising claim, a plaintiff must allege that all reasonable experts would agree the representations to be false. If a plaintiff cannot do so, even if […]

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26Oct

Fourth Circuit Affirms Imposition of Supervised Release on an Alien Who is Likely to be Removed

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By Elizabeth DeFrance On July 7, 2015, the Fourth Circuit issued a published opinion in the criminal case U.S. v. Aplicano-Oyuela. The Appellant, Gerson Arturo Aplicano-Oyuela (“Aplicano”) pled guilty to illegal reentry after his removal following a felony conviction, and received a term of three years supervised release. He appealed the term of supervised release, […]

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23Oct

Fourth Circuit Affirms Motion to Suppress After Warrantless Search

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By Sarah Saint On October 23, 2015, in the criminal case of United States v. Dmytro Patiutka, the Fourth Circuit issued a published opinion affirming the district court’s grant of Defendant Dmytro Patiutka’s motion to suppress evidence. In this case, the Fourth Circuit answered the United States of America’s interlocutory appeal to the district court’s […]

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22Oct

Fourth Circuit Reverses District Court in Foreclosure Case

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  By George Kennedy On July 1, 2015, the Fourth Circuit issued a published opinion in the civil case of Houck v. Substitute Trustee Services, Inc. The Fourth Circuit held that the district court’s dismissal of Plaintiff’s claims brought under 11 U.S.C. § 362(k) was erroneous, and consequently vacated the district court’s judgment, reversed its […]

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22Oct

Fourth Circuit Found that Police Did Not Have a Reasonable Suspicion Justifying Detention of an Individual

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    By Whitney Pakalka On October 22, 2015, the Fourth Circuit issued its published opinion in the criminal case of United States v. Slocumb. The Fourth Circuit reversed the District Court for the Western District of Virginia’s denial of a motion to suppress evidence. Because there was no particular and objective basis that created […]

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21Oct

Fourth Circuit Holds That There is No Immunity in Student Loan Case

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By Amanda Whorton On October 21, 2015, the Fourth Circuit issued a published opinion in the civil case United States ex rel. Oberg v. Pennsylvania Higher Education Assistance Agency. The court held that the Pennsylvania Higher Education Assistance Agency (“PHEAA”) is an independent political division, and not an “arm” or “alter ego” of Pennsylvania, and is […]

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21Oct

Man Declared Not an “Armed Career Criminal” After Ten Years of Appealing Sentence

Categories: 4th Cir. Blog Uncategorized
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By: Mikhail Petrov On June 30, 2015, in the criminal case of United States v. Newbold, the Fourth Circuit issued a published opinion vacating Joseph K. Newbold’s sentence and remanding the case for proceeding consistent with the Court’s opinion. In this case, the Fourth Circuit examined whether Newbold’s guilty plea from 2005, paired with three preceding […]

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