The Fourth Circuit ruled that the district court erred in adopting the parent-child privilege and excusing a son “from testifying before a grand jury” on potential federal charges against his father. …
The Fourth Circuit held that when the facts that supported the Appellant’s motion for resentencing did not exist at the time of his first 28 U.S.C. § 2255 motion, then his …
The Fourth Circuit held that law enforcement conducted an unreasonable search of the defendant’s car because the probable cause to search the vehicle was tainted, and thus the defendant’s statements and …
The Fourth Circuit held that defendant’s prior “breaking or entering” convictions qualified as Armed Career Criminal Act (“ACCA”) predicate offences. Affirmed.
Defendant had three prior state convictions for “breaking or entering.” …
The Fourth Circuit affirmed the district court’s denial of a social security claimant’s motion for attorney’s fees under the Equal Access to Justice Act (“the Act”).
The Fourth Circuit affirmed the district court’s decisions to deny Charles Barefoot’s motion to represent himself at trial; to admit into evidence proof of Barefoot’s involvement in a previous murder; and …
The Fourth Circuit affirmed the United States District Court for the Middle District of North Carolina and held that: 1) a defendant’s false representation of himself as a certified public accountant …
The Fourth Circuit affirmed Taylor’s convictions for two counts of Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a) and one count of using a firearm in furtherance of a …
The Fourth Circuit held that the district court erred by treating the defendant’s 2009 conviction for fourth degree burglary as a “crime of violence” for the purposes of determining his base …
The Fourth Circuit affirmed the district court’s inclusion of the Appellant’s two court-martial convictions as violent felonies for purposes of armed career criminal status under 18 U.S.C. § 924(e). Therefore, increasing …
The Fourth Circuit held that the pre-trial identification process used to identify the appellant was not impermissibly suggestive, and even if it were unduly suggestive, that the witness’s identification of appellant …
The Fourth Circuit affirmed the district court’s holding that a program to subsidize the participation of a new power plant in the federal wholesale energy market is preempted by the Federal …
The Fourth Circuit held that the district court abused its discretion on its evidentiary rulings as viewed in their totality due to its inadequate adoption of safeguards to avoid the substantial …