Fourth Circuit Surveys

Decided: April 22, 2015

The Fourth Circuit held that a federal trial court’s order granting habeas corpus based on a claim of ineffective assistance of counsel must be vacated and the petition remanded for dismissal.…

Decided: April 21, 2015

The Fourth Circuit held that bringing an action by filing a complaint, rather than filing an application by motion under the Federal Arbitration Act, is the proper way for a party …

Decided: April 21, 2015

Ashton LeBlanc petitioned for a review of the denial of his motion to reopen the denial of an I-130 petition filed on behalf of his son, Robert LeBlanc.  The court dismissed …

Decided: April 20, 2015

The Fourth Circuit affirmed the ruling of the district court to dismiss plaintiff’s tort claim seeking additional damages because plaintiff rested his claim solely on a breach of contract without alleging …

Decided: March 20, 2015

The Fourth Circuit held that Virginia’s state habeas court incorrectly applied the Strickland standard because they did not find prejudice in a lack of a heat of passion jury instruction, and …

Decided: April 15, 2015

The Fourth Circuit held that North Carolina’s second-degree kidnapping statute constituted a “crime of violence” so as to justify a 16-level sentence enhancement pursuant to United States Sentencing Guidelines §2L1.2(b)(1)(A)(ii) for …

Decided: April 14, 2015

The Fourth Circuit held that 8 U.S.C. § 1229b(b)(1)(C) applies to both legal aliens and illegal aliens, and renders both ineligible for cancellation of removal from the United States when they …

Decided: April 10, 2015

The Fourth Circuit affirmed the district court’s conclusion that Young did not establish a prima facie case of pregnancy discrimination against her employer, United Parcel Service (“UPS”).

This appeal followed the …

Decided: April 3, 2015

This is an appeal from a jury trial convicting the defendants of murder. Beyle and Abrar were Somali pirates who were part of a group that raided an American ship and …

Decided: April 3, 2015

The Fourth Circuit affirmed the ruling of the district court to grant SSA Security, Inc. summary judgment on the Homeowners’ negligence-based claims and under Md. Code Ann. § 19-501 (“Maryland Security …

Decided: April 2, 2015 

The Fourth Circuit held that the Department of Labor acted within its regulatory authority in requiring the operators of coal mines to show, in the case of miners who meet the …

Decided: April 2, 2015

The Fourth Circuit held, adopting the answers to certified questions to the Supreme Court of Appeals of West Virginia, that a person owning an interest in a West Virginia common law …

Decided: April 2, 2015

The Fourth Circuit held that, under the facts of the case, a lifetime term of supervised release following a 60 month term of imprisonment was both substantively and procedurally reasonable, and …

Decided: April 1, 2014

The Fourth Circuit affirmed the judgment of the district court and denied Rangel’s motion to vacate his conviction and sentence under 28 U.S.C. § 2255, alleging that his trial and appellate …

Decided: March 31, 2015

The Fourth Circuit held that in considering whether to abstain in cases where a plaintiff seeks both declaratory and nondeclaratory relief, a federal court’s task is to determine whether exceptional circumstances …