The Fourth Circuit affirmed the District Court for the Eastern District of Virginia’s decision rejecting Baker’s motion to vacate, set aside, or correct his sentence on the ground that his counsel …
The Fourth Circuit denied Faisal Hashime’s petition for a hearing en banc. However, Judge Gregory wrote a concurring opinion to voice his support for revision of the Fourth Circuit’s Eighth Amendment …
American Petroleum Institute v. Cooper, No. 12-1078
Decided: June 6, 2013
The Fourth Circuit held that the federal Petroleum Marketing Practices Act (“PMPA”) and Energy Policy Act of 2005 (“Energy Policy Act” or “federal renewable fuel program”) did not preempt North Carolina’s …
The Fourth Circuit affirmed the judgment of the district court that Castellanos failed to prove he had a legitimate expectation of privacy in a vehicle that was holding cocaine in its …
Libertarian Party of Virginia v. Judd, No. 12-1996
Decided: May 29, 2013
Affirming the District Court for the Eastern District of Virginia, the Fourth Circuit held that petitioners had standing to challenge the constitutionality of a residency requirement for petitions and also held …
The Fourth Circuit held that prison inmate Jerome Williams had no clearly established constitutional right to visitation, therefore granting Warden Willie Eagleton qualified immunity from monetary damages for suspending Williams’s visitation …
Jane Doe v. Virginia Department of State Police, No. 11-1841
Decided April 12, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of the plaintiff’s claims challenging sections 9.1–900 et seq. and 18.2-370.5 of the Virginia Code, as well as the policy …
William Leonard Graham appealed his conviction of one count of conspiracy to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 846. On appeal, Graham asserted reversible …
McCauley v. Home Loan Investment Bank, No. 12-1181
Decided: March 25, 2013
Charlotte McCauley appealed the district court’s dismissal of her state law claims against Home Loan Investment Bank, F.S.B. (Home Loan) and Deutsche Bank National Trust Company (Deutsche Bank). The district court …
From 2002 until 2006 Candice Hardwick was a student who first attended Latta Middle School and then attended Latta High School in Latta, South Carolina. During this time, Hardwick repeatedly wore …
The Fourth Circuit reversed the judgment of district court, which permanently enjoined enforcement of § 5-306(a)(5)(ii) of the Public Safety Article of the Maryland Code which conditions carrying a handgun in …
Michael Defonte Bernard appealed the district court’s decision to allow him to represent himself at trial, despite his questionable mental capacity. Bernard argued that Indiana v. Edwards, 554 U.S. 164 …
A juvenile defendant-appellant appealed part of his sentence that required him to register under the Sex Offender Registration and Notification Act (“SORNA”). Appellant claimed that requiring him to register contravened his …
In this case, a psychic and spiritual counselor in Chesterfield County, Virginia, brought an action in federal court challenging the county’s ordinance regulating the activities of “fortune tellers”—a statutorily defined term …
The Fourth Circuit reversed the judgment of the district court and held that a Drug Enforcement Agency (“DEA”) officer’s misconduct – deliberately lying on an affidavit for a search warrant that …