Affirmation of First Amendment Rights in Airport Newspaper Rack Ban Introduction The case of The News and Observer Publishing Company et al. v. Raleigh-Durham Airport Authority explores the...
Affirming Non-Qualification Under ADA: Essential Job Functions and Reasonable Accommodation in Residency Termination Introduction In the case of Frank Shin, M.D., Plaintiff-Appellant, v. University...
Coleman v. United States & Shade Tree Lawn Care: Affirmation of Open and Obvious Condition Doctrine in FTCA Negligence Claims Introduction In Coleman v. United States of America; Shade Tree Lawn...
Fourth Circuit Prohibits Presumptive Mandate of Sentencing Guidelines: Mendoza-Mendoza Decision 1. Introduction United States of America v. Dario Mendoza-Mendoza, 597 F.3d 212 (4th Cir. 2010), is a...
Remand of Supplemental State Claims after Dismissal of Federal Claims: Christie Arrington v. City of Raleigh Introduction Case: Christie Arrington, Administrator of the Estate of Nyles Arrington;...
Qualified Immunity Upholds Social Workers' Protection in Foster Care Due Process Claims: Doe v. SCDSS Introduction In Jane Doe v. South Carolina Department of Social Services (SCDSS), the United...
United States v. Baptiste: Fourth Circuit Affirms Conviction and Clarifies Standards on Expert Testimony and Juror Intimidation Introduction In United States v. Nigel Humphrey John Baptiste, 596 F.3d...
Exclusion of South Carolina Blue Light Violations from ACCA's Definition of Violent Felony Introduction In the matter of United States of America v. Deangelo Sylvester Rivers, the United States Court...
Mandatory Sentencing Justifications in Revocation Proceedings: Insights from Thompson v. United States Introduction Thompson v. United States, 595 F.3d 544 (4th Cir. 2010), addresses critical...
Fourth Circuit Clarifies Application of 18 U.S.C. §3582(c)(2) for Rule 35-Reduced Sentences: Stewart v. United States Introduction United States of America v. Maurice Anthony Stewart is a pivotal...
Fourth Circuit Rules Career Offender Eligibility for §3582(c)(2) Sentence Reduction Post-Amendment 706 Introduction The case of United States of America v. Raeford Nathaniel Munn (595 F.3d 183)...
Sentencing Discretion in Crack Cocaine Distribution Cases Post-Kimbrough: Insights from Herder v. United States Introduction United States v. Herder (594 F.3d 352) is a pivotal case adjudicated by...
Presumption Against Retroactive Legislation Upheld in Ward v. Dixie National Life Ins. Co. Introduction Ward v. Dixie National Life Insurance Company is a landmark case adjudicated by the United...
Qualified Immunity Affirmed in Use of Police Canine During Missing Person Search Introduction The case of Jose R. Melgar v. John Greene et al., decided on January 29, 2010, by the United States Court...
Defining the Boundaries of Attorney Discretion: Effective Assistance in Mistrial Decisions - United States v. Chapman Introduction United States v. Nathan A. Chapman, Jr., 593 F.3d 365 (4th Cir....
SHARPE v. BELL: Upholding AEDPA’s Deference to State Court Findings in Actual Innocence Claims Introduction SHARPE v. BELL, 593 F.3d 372 (4th Cir. 2010), is a pivotal case that underscores the...
Automobile Exception Reinforced: United States v. Kelly Introduction United States of America v. David Kelly, Jr. is a pivotal case decided by the United States Court of Appeals for the Fourth...
Plain-Error Review for Unpreserved Procedural Sentencing Errors: Fourth Circuit's Clarification Introduction In the landmark decision of United States v. Lynn et al. (592 F.3d 572, 4th Cir. 2010),...
WINSTON v. KELLY: Federal Habeas Corpus Review and AEDPA's Impact on Ineffective Assistance of Counsel Claims Introduction Leon J. Winston, the petitioner-appellant, was convicted of capital murder...
Fourth Circuit Clarifies Standards for Appellate Waiver Enforcement and Weapon Enhancement Application in United States v. Manigan Introduction United States of America v. Kenneth Manigan, 592 F.3d...