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Decided: September 18, 2013
The Fourth Circuit affirmed in part and reversed in part the district court’s order granting summary judgment against six plaintiffs in their action against the Sheriff of the City of Hampton, …
Decided: September 16, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s denial of Defendant’s motion to vacate his sentence under 28 U.S.C. § 2255. Defendant Calvin Dyess (“Dyess”) pled guilty to conspiracy …
Decided: October 1, 2013
The Fourth Circuit held that the government presented sufficient evidence to convict Thomas Royal (“Royal”) of possession of ammunition by a prohibited person, in violation of the federal Gun Control Act …
Decided: September 4, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s grant of summary judgment to the defendant, Chesapeake Appalachia, L.L.C. (Chesapeake), upon the Whitemans’ claim for common law trespass. The court …
Decided: August 27, 2013
The Fourth Circuit found that, although the claims asserted involve a sensitive area of North Carolina public policy, resolving them would not be sufficiently disruptive of that policy to warrant abstention …
Date Decided: August 26, 2013
The Fourth Circuit affirmed the district court’s conclusion that the police’s search of the defendant’s trashcan did not violate the defendant’s Fourth Amendment rights.
Around 4:00 a.m. on May 26, …
Decided: August 26, 2013
The Fourth Circuit held that the Mid-Atlantic Retail Food Industry Joint Labor Management Fund (the “Fund”) was not a “labor organization” subject to the Labor Management Relations Act (“LMRA”), and that …
Decided: August 26, 2013
The Fourth Circuit held that, because the elements of sexual abuse under the Maryland Code do not correspond to the elements of any enumerated “crime of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii), …
Decided: August 23, 2013
The Fourth Circuit affirmed the sentence and conviction of Gregory Bartko in connection with his role in a fraudulent investment scheme. The court found that district court did not err in …
Decided: August 21, 2013
The Fourth Circuit Court of Appeals reversed the dismissal of defendant’s 28 U.S.C. § 2255 motion to vacate his conviction for violating 18 U.S.C. § 922(g)(1) – possession of a firearm …
Decided: August 14, 2013
The Fourth Circuit held that Correctional Officer William Crum (“Crum”) was entitled to qualified immunity regarding inmate Demetrius Hill’s Bivens action. The Fourth Circuit therefore reversed the order of the United …
Decided: August 13, 2013
The Fourth Circuit held that a conviction under Virginia law for assault and battery of a police officer did not categorically qualify as a crime of violence that could serve as …
Decided: August 7, 2013
Addressing Roxana Orellana Santos’s (“Santos”) appeal from the District Court for the District of Maryland’s dismissal of her 42 U.S.C. § 1983 action against the Frederick County Board of Commissioners, the …
Decided: August 7, 2013
The Fourth Circuit Court of Appeals affirmed the district court order abstaining from exercising jurisdiction under the Colorado River doctrine in a case brought against Defendants.
In June 2004, Maryland residents …
Decided: August 6, 2013
The Fourth Circuit affirmed James Ernest Lespier’s jury conviction on two offenses arising from the murder of his ex-girlfriend on the Eastern Band of Cherokee Indians’ reservation. In its opinion, the …