Wake Forest Law Review

1Oct

Fourth Circuit Court Emphasizes Strict Rule for Timely Filing Notices of Appeal

Categories: 4th Cir. Blog
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By Taylor Ey Today, the Fourth Circuit Court of Appeals issued its decision in Drew v. McCall.  In this case, Mr. Drew sought to appeal the District Court for the District of South Carolina’s decision dismissing his 28 U.S.C. § 2254 (2012) petition for untimely filing. The Fourth Circuit did not reach the merits of the case because […]

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30Sep

Fourth Circuit Reiterates Standard for Certificate of Appealability in Habeas Review

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by Katharine Yale Today, in Hardy v. Warden of the Greensville Correctional Center, the Fourth Circuit considered the district court’s order denying relief on prisoner’s habeas corpus petition under 28 U.S.C. § 2254. To appeal a final order in a habeas proceeding, a circuit justice or judge must issue a certificate of appealability. Under 28 […]

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30Sep

Court Allows Immediate Appeal from Decisions on 28 U.S.C. § 1782 Applications for Discovery

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By Marcus Fields           Last Wednesday in Chevron Corp. v. Page, the Fourth Circuit ruled, in a matter of first impression, that decisions on applications for discovery filed pursuant to 28 U.S.C. § 1782 were immediately appealable and affirmed the United States District Court for the District of Maryland’s ruling in favor of Chevron. […]

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30Sep

Court Retains Subject Matter Jurisdiction over Employee’s “Reasonably Related” Retaliation Claim Against University

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By Kelsey Kolb On September 24, in Hentosh v. Old Dominion University, the Fourth Circuit affirmed the United States District Court for the Eastern District of Virginia’s order granting summary judgment to Old Dominion University (“ODU”), defendant employer, in a retaliation suit brought by an employee, Patricia Hentosh. In doing so, the Fourth Circuit held […]

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27Sep

Fourth Circuit Affirms District Court Decision in Employment Discrimination Case

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by David Darr Today, in Baldwin v. Duke Energy Corporation, the Fourth Circuit considered Ernie Baldwin’s appeal of the Western District of North Carolina’s decision to grant summary judgment in favor of Duke Energy. In a per curiam opinion, the court affirmed the district court’s decision to grant summary judgment because the court found no […]

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26Sep

Right to Appeal Validly Waived in Exchange for Forbearance from Enhanced Sentencing

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By Lauren D. Emery Today in United States v. Eades, the Fourth Circuit considered Kevin Eades’s appeal from the district court’s judgment sentencing him to 120 months in prison after pleading guilty to possession of a firearm by a convicted felon.  The court also ruled on the Government’s motion to dismiss which claimed that Eades […]

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26Sep

Under the ACCA, Predicate Convictions Add Up Through Consolidated Judgments

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By: Steven Franklin Today, in United States v. Carr, the Fourth Circuit held that a defendant can receive the requisite number of Armed Career Criminal Act (“ACCA”) predicate convictions through a consolidated criminal judgment. A jury found Antoine Charles Carr guilty of possession of a firearm and ammunition by a convicted felon, and possession of […]

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25Sep

Bank Robber’s Mental Health Diagnosis Not Enough for a Reduced Sentence

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By Evelyn Norton Today, in United States v. Seburn,  the Fourth Circuit affirmed the decision of the United States District Court for the Eastern District of North Carolina that found Dellonte Rashaun Seburn guilty of bank robbery. Despite Seburn’s request for a reduced sentence, the district court sentenced Seburn to 132 months’ imprisonment. On appeal, […]

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24Sep

Fourth Circuit Confirms—North Carolina Police Can Smell Probable Cause

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By Joshua P. Bussen Today in United States v. Mitchell, the Fourth Circuit, in a per curiam opinion affirmed the conviction of Sidney Mitchell for unlawful possession of a firearm by a felon. Mitchell entered a conditional plea of guilty in the Middle District of North Carolina, reserving his right to appeal the judgment of […]

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24Sep

Exonerated Man’s Suit Can Proceed Against Officers and Department

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By Andrew Kilpinen In a split decision featuring three separate opinions, the 4th Circuit affirmed in part and vacated in part the district courts dismissal in Owens v. Baltimore City State’s Attorneys.  Owens Challenges Statute of Limitations, Sovereign Immunity, Qualified Immunity, and Failure to State a Claim The Court reviewed four issues de novo: (1) […]

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23Sep

Hearsay Was Harmless in Revocation Hearing

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By Caroline Daniel In an unpublished opinion released today, the Fourth Circuit affirmed Johnny L. Dowdy’s sentence of 14 months imprisonment and 46 months of supervised release following a revocation hearing.  Dowdy appealed his conviction based on the admission of hearsay evidence at the hearing, and in United States v. Johnny L. Dowdy, Jr., the court held that the evidence was likely […]

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23Sep

Reasonable Sentence for Drug Dealer

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By Chad M. Zimlich Today, in the case of United States v. Mitchell, the Fourth Circuit ruled on the reasonableness of a sentence handed down by the Eastern District of North Carolina. Mr. Jeromey Keith Mitchell pleaded guilty to “conspiracy to distribute and to possess with intent to distribute 280 grams or more of cocaine […]

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