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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 …
Decided: July 31, 2013
The Fourth Circuit affirmed the decision of the Benefits Review Board, awarding benefits to the estate of Dallas Owens.
Before developing a severe breathing disorder, Owens worked in West Virginia coalmines …
Decided: July 31, 2013
The Fourth Circuit Court considered a former employer’s challenges to attorneys’ fees and other related fees awarded under the Black Lung Benefits Act (the BLBA), 30 U.S.C § 901 through 945. …
Decided: July 25, 2013
The Fourth Circuit affirmed the order of the United States District Court of the District of Maryland denying Defendant Terrence Smith’s ineffective assistance of counsel motion finding that under a more …
Decided: July 25, 2013
The Fourth Circuit held that the Town of Nags Head, North Carolina (“the town”) did not violate the due process or equal protection rights of the owners of six beachfront cottages …
Decided: July 23, 2013
The Fourth Circuit held that, under the Supremacy Clause, the Lowcountry Immigration Coalition (“the Coalition”) had an implied right of action allowing them to seek enjoinment of South Carolina’s Act 69 …
Decided: July 23, 2013
The Fourth Circuit affirmed the District Court for the Eastern District of Virginia’s Order dismissing Plaintiffs’ complaint for failure to state a claim because the alleged injuries arose out of or …
Decided: July 22, 2013
The Fourth Circuit reversed the district court’s judgment granting Defendant’s petition on his claim of ineffective assistance based on his counsel’s failure to call an expert in eyewitness identification, and affirmed …
Decided: July 22, 2013
The Fourth Circuit held that the district court lacked subject matter jurisdiction to consider a petition brought by a detained ship and its owner for release because the United States Coast …