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  • Commentaries
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4th Circuit Case Commentaries

Establishing Clear Protections for Fifth Amendment Rights: U.S. v. Gregory Johnson

Establishing Clear Protections for Fifth Amendment Rights: U.S. v. Gregory Johnson

Date: Mar 9, 2005
Establishing Clear Protections for Fifth Amendment Rights: U.S. v. Gregory Johnson Introduction United States of America v. Gregory Johnson, a/k/a Little Greg, adjudicated in the United States Court...
Remand in Woolfolk: Federal Detainers and the Speedy Trial Act Reinterpreted

Remand in Woolfolk: Federal Detainers and the Speedy Trial Act Reinterpreted

Date: Mar 3, 2005
Remand in Woolfolk: Federal Detainers and the Speedy Trial Act Reinterpreted Introduction In the appellate decision United States of America v. Curtis Delmont Woolfolk, the United States Court of...
Affirmation of Attorney's Fee Award in Nominal-Damages Title IX Case: MERCER v. DUKE UNIVERSITY

Affirmation of Attorney's Fee Award in Nominal-Damages Title IX Case: MERCER v. DUKE UNIVERSITY

Date: Mar 2, 2005
Affirmation of Attorney's Fee Award in Nominal-Damages Title IX Case: MERCER v. DUKE UNIVERSITY Introduction In the landmark case of Heather Sue MERCER v. DUKE UNIVERSITY, the United States Court of...
Establishing Nexus and Probable Cause in Search Warrants: Insights from United States v. Grossman

Establishing Nexus and Probable Cause in Search Warrants: Insights from United States v. Grossman

Date: Feb 24, 2005
Establishing Nexus and Probable Cause in Search Warrants: Insights from United States v. Grossman Introduction United States of America v. Kenneth Grossman, 400 F.3d 212 (4th Cir. 2005), serves as a...
Affirmation of Avoidable Transfers in Bankruptcy: Insights from In re Merry-Go-Round Enterprises, Inc.

Affirmation of Avoidable Transfers in Bankruptcy: Insights from In re Merry-Go-Round Enterprises, Inc.

Date: Feb 24, 2005
Affirmation of Avoidable Transfers in Bankruptcy: Insights from In re Merry-Go-Round Enterprises, Inc. Introduction The case of In re: Merry-Go-Round Enterprises, Inc., Debtor. Deborah H. De v....
Fourth Circuit Mandates Evidentiary Hearings for Atkins Claims under Eighth Amendment

Fourth Circuit Mandates Evidentiary Hearings for Atkins Claims under Eighth Amendment

Date: Feb 18, 2005
Fourth Circuit Mandates Evidentiary Hearings for Atkins Claims under Eighth Amendment Introduction Darick Demorris Walker v. William Page True, Warden, Sussex I State Prison is a pivotal case...
Deference to Hearing Officer's IEP Evaluations Reinforced in County School Board v. Z.P.

Deference to Hearing Officer's IEP Evaluations Reinforced in County School Board v. Z.P.

Date: Feb 12, 2005
Deference to Hearing Officer's IEP Evaluations Reinforced in County School Board v. Z.P. Introduction The case County School Board of Henrico County, Virginia, v. Z.P. addresses critical issues...
HUMPHRIES v. OZMINT: Reevaluation of Victim-Impact Evidence and Comparative Human Worth in Capital Sentencing

HUMPHRIES v. OZMINT: Reevaluation of Victim-Impact Evidence and Comparative Human Worth in Capital Sentencing

Date: Feb 5, 2005
HUMPHRIES v. OZMINT: Reevaluation of Victim-Impact Evidence and Comparative Human Worth in Capital Sentencing Introduction The case of Shawn Paul Humphries v. Jon E. Ozmint delves deep into the...
Bogart v. Chapell: Upholding Parratt/Hudson Doctrine in Procedural Due Process §1983 Claim

Bogart v. Chapell: Upholding Parratt/Hudson Doctrine in Procedural Due Process §1983 Claim

Date: Feb 3, 2005
Bogart v. Chapell: Upholding Parratt/Hudson Doctrine in Procedural Due Process §1983 Claim Introduction In Bogart v. Chapell, adjudicated by the United States Court of Appeals for the Fourth Circuit...
Abandonment of Privacy Expectation: Stevenson v. United States

Abandonment of Privacy Expectation: Stevenson v. United States

Date: Feb 2, 2005
Abandonment of Privacy Expectation: Stevenson v. United States Introduction United States of America v. Lee Ronald Stevenson, 396 F.3d 538 (4th Cir. 2005), is a significant appellate decision by the...
Preemption of State Law Claims in Student Loan Disputes: Insights from College Loan Corp. v. SLM Corp.

Preemption of State Law Claims in Student Loan Disputes: Insights from College Loan Corp. v. SLM Corp.

Date: Feb 1, 2005
Preemption of State Law Claims in Student Loan Disputes: Insights from College Loan Corp. v. SLM Corp. Introduction The case of College Loan Corporation v. SLM Corporation, decided by the United...
Consent and Highway Definition in Fourth Circuit: United States v. Smith

Consent and Highway Definition in Fourth Circuit: United States v. Smith

Date: Jan 28, 2005
Consent and Highway Definition in Fourth Circuit: United States v. Smith Introduction United States v. Terrence Ormstom Smith, 395 F.3d 516 (4th Cir. 2005), is a pivotal case that examines the...
Affirmation of Qualified Immunity in Traffic-Related Fifth and Fourth Amendment Claims: Burrell v. Commonwealth of Virginia

Affirmation of Qualified Immunity in Traffic-Related Fifth and Fourth Amendment Claims: Burrell v. Commonwealth of Virginia

Date: Jan 28, 2005
Affirmation of Qualified Immunity in Traffic-Related Fifth and Fourth Amendment Claims: Burrell v. Commonwealth of Virginia Introduction In the case of Charles Davis Burrell v. Commonwealth of...
Materiality of Misdescription in Insurance Contracts: Myrick v. Prime Insurance Syndicate

Materiality of Misdescription in Insurance Contracts: Myrick v. Prime Insurance Syndicate

Date: Jan 27, 2005
Materiality of Misdescription in Insurance Contracts: Myrick v. Prime Insurance Syndicate Introduction Jimmy Myrick v. Prime Insurance Syndicate, Incorporated, 395 F.3d 485 (4th Cir. 2005), is a...
Voluntary Dismissal Bars Application of West Virginia's Savings Statute in Personal Injury Claims

Voluntary Dismissal Bars Application of West Virginia's Savings Statute in Personal Injury Claims

Date: Jan 27, 2005
Voluntary Dismissal Bars Application of West Virginia's Savings Statute in Personal Injury Claims Introduction The case of Gloria Dean et al. v. Pilgrim's Pride Corporation et al. addresses a pivotal...
Application of Younger Abstention in Federal Challenges to State Administrative Proceedings: Moore v. City of Asheville

Application of Younger Abstention in Federal Challenges to State Administrative Proceedings: Moore v. City of Asheville

Date: Jan 26, 2005
Application of Younger Abstention in Federal Challenges to State Administrative Proceedings: Moore v. City of Asheville Introduction In the case of Carroll Moore v. City of Asheville, North Carolina,...
Commerce Clause Dominance Over Younger Abstention in Southern Ohio Disposal LLC v. Public Service Commission of West Virginia

Commerce Clause Dominance Over Younger Abstention in Southern Ohio Disposal LLC v. Public Service Commission of West Virginia

Date: Jan 25, 2005
Commerce Clause Dominance Over Younger Abstention in Southern Ohio Disposal LLC v. Public Service Commission of West Virginia Introduction The case of Southern Ohio Disposal LLC (SOD) v. Public...
Clarifying Qualified Immunity in Deadly Force Cases: Waterman v. Batton

Clarifying Qualified Immunity in Deadly Force Cases: Waterman v. Batton

Date: Jan 4, 2005
Clarifying Qualified Immunity in Deadly Force Cases: Waterman v. Batton Introduction Waterman v. Batton, 393 F.3d 471 (4th Cir. 2005), is a pivotal case addressing the scope of qualified immunity for...
Fourth Circuit Clarifies State Sovereign Immunity Concerning Voluntary Removal to Federal Court

Fourth Circuit Clarifies State Sovereign Immunity Concerning Voluntary Removal to Federal Court

Date: Jan 4, 2005
Fourth Circuit Clarifies State Sovereign Immunity Concerning Voluntary Removal to Federal Court Introduction The case of Charles K. Stewart v. State of North Carolina presents a significant judicial...
Reaffirming the Good Faith Exception in Fourth Circuit Appeal: United States v. Perez

Reaffirming the Good Faith Exception in Fourth Circuit Appeal: United States v. Perez

Date: Dec 30, 2004
Reaffirming the Good Faith Exception in Fourth Circuit Appeal: United States v. Perez Introduction The case of United States of America v. Luis Perez represents a pivotal moment in the interpretation...
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