Fourth Circuit Surveys

Decided: July 31, 2015

The Fourth Circuit affirmed the district court’s ruling.

In 2005, Raymond Surratt (“Surratt”) was found guilty of conspiracy to distribute cocaine and sentenced to life imprisonment. The Government sought enhanced penalties …

Decided July 29, 2015

The Fourth Circuit affirmed the district court’s dismissal of the complaint.

This was a case brought by Mohammad Sazzad and Anthony Gomes (“Plaintiffs”) against Ryman Hospitality Properties Inc., and Marriott International, …

Decided: July 28, 2015

The Fourth Circuit affirmed the judgment of the district court and held that Defendant, under 42 U.S.C. § 1983, did not have an affirmative duty to protect the Plaintiffs from a …

Decided: July 23, 2015

The Fourth Circuit vacated Dominguez’s sentence and remanded for further proceedings

This case was an appeal from the district court decision in which Edgar Parrell-Dominguez (“Dominguez”), an illegal immigrant, was charged …

Decided: July 21, 2015  

The Fourth Circuit held that the district court erred in dismissing the indictment against the defendant. The Fourth Circuit determined the analytical approach called the “modified categorical approach” applies to this …

Decided: July 17, 2015

The Fourth Circuit reversed the order of the district court and found that the government did not meet its burden of proving that involuntary medications were substantially likely to restore Defendant’s …

Decided: July 21, 2015

In a case about entitlement to damages for non-payment of rent and related items, the Fourth Circuit held that the district court erred in calculating damages.  The Fourth Circuit thus affirmed …

Decided: July 15, 2015

The Fourth Circuit reversed and remanded.

This case was an appeal from the district court’s grant of summary judgment to Drive Automotive Industries (“Drive”). Butler, who was a temp agent for …

Decided: July 13, 2015  

The Fourth Circuit held that the recent Supreme Court jurisprudence is clear that the defendant’s motion constitutes a mixed Federal Rules of Civil Procedure 60(b) and 28 U.S.C. § 2253(c)(1)(B) and …

Decided: July 10, 2015

The Fourth Circuit affirmed the judgment of the district court.

This case was an appeal of a jury trial that found Robert McDonnell and his wife guilty of accepting bribes in …

Decided: July 10, 2015

The Fourth Circuit reversed the district court’s grant of summary judgment and held that Citizens Insurance Company of America (“Citizens”) had no duty to defend Liberty University (“Liberty”) against the complaint …

Decided: July 9, 2015

In a case related to a RICO action, the Fourth Circuit affirmed the district court’s denial of a motion to intervene, and denied the defendant’s motion to dismiss the appeal of …

Decided: July 9, 2015  

The Fourth Circuit held that the dismissal of Jehovah’s Sabbath claims, cell assignment claims, and deliberate indifference claim was inappropriate. Additionally, the Fourth Circuit held that the trial court erred in …

Decided: July 8, 2015

In this post-conviction relief case, the Fourth Circuit found that the district court had reasonably determined Gregory Christian’s trial attorney did not render ineffective assistance of counsel regarding West Virginia’s recidivist …

Decided: July 7, 2015

The district court sentenced Gerson Arturo Aplicano-Oyuela (“Aplicano”) to sixteen months in prison and three years of supervised release for an illegal reentry offense that followed his removal from the …