4th Circuit Case Commentaries

Reevaluation of Qualified Immunity Standards in False Arrest Cases: Brown v. Gilmore

Date: Jan 24, 2002

Reevaluation of Qualified Immunity Standards in False Arrest Cases: Brown v. Gilmore Introduction Brown v. Gilmore, 278 F.3d 362 (4th Cir. 2002), presents a pivotal examination of qualified immunity...

Finality of Criminal Convictions and Access to DNA Evidence: Insights from Harvey v. Horan

Date: Jan 24, 2002

Finality of Criminal Convictions and Access to DNA Evidence: Insights from Harvey v. Horan Introduction James Harvey, a convicted individual in Virginia, sought to challenge his rape and forcible...

Qualified Immunity and the Threshold for Attorney’s Fees: Insights from Johnson v. City of Aiken

Date: Jan 23, 2002

Qualified Immunity and the Threshold for Attorney’s Fees: Insights from Johnson v. City of Aiken Introduction Johnson v. City of Aiken, 217 F.3d 839 (4th Cir. 2000), is a pivotal case addressing the...

Ensuring Comprehensive Evaluation in Settlement Agreements: Insights from Hensley v. Alcon Laboratories, Inc.

Date: Jan 23, 2002

Ensuring Comprehensive Evaluation in Settlement Agreements: Insights from Hensley v. Alcon Laboratories, Inc. Introduction The case of Robert C. Hensley v. Alcon Laboratories, Inc. serves as a...

Martinez v. United States: Affirmation of Rule 11 Standards and Upholding 21 U.S.C. §841 Post-Apprendi

Date: Jan 18, 2002

Martinez v. United States: Affirmation of Rule 11 Standards and Upholding 21 U.S.C. §841 Post-Apprendi Introduction In Martinez v. United States, the United States Court of Appeals for the Fourth...

Ensuring Due Process for Pro Se Habeas Petitioners: Hill v. Braxton

Date: Jan 15, 2002

Ensuring Due Process for Pro Se Habeas Petitioners: Hill v. Braxton Introduction In the landmark case of Sherwood L. Hill v. D.A. Braxton, decided by the United States Court of Appeals for the Fourth...

Fourth Circuit Upholds Admissibility of Testimony from FBI Informant with Contingent Compensation in United States v. Levenite et al.

Date: Jan 11, 2002

Fourth Circuit Upholds Admissibility of Testimony from FBI Informant with Contingent Compensation in United States v. Levenite et al. Introduction The case of United States of America v. Michael Alan...

Affirmation of AECA Enforcement and the Affirmative Defense of Scrap Exemption in United States v. Sun et al

Date: Jan 11, 2002

Affirmation of AECA Enforcement and the Affirmative Defense of Scrap Exemption in United States v. Sun et al Introduction The case of United States of America v. Bing Sun; Patte Sun; All Ports,...

Interpreting "Damages" in Insurance Contracts: The Ellett Brothers Decision

Date: Dec 29, 2001

Interpreting "Damages" in Insurance Contracts: The Ellett Brothers Decision Introduction The case of Ellett Brothers, Incorporated v. United States Fidelity Guaranty Company, adjudicated by the...

Retaliatory Search and Qualified Immunity: Insights from Trulock v. Freeh

Date: Dec 29, 2001

Retaliatory Search and Qualified Immunity: Insights from Trulock v. Freeh Introduction The case of Notra Trulock, III; Linda Conrad v. Louis J. Freeh addresses complex intersections between the...

Statute of Limitations Tolling in Federal Habeas Corpus Petitions: Analysis of Cal v. Allen (4th Cir. 2001)

Date: Dec 28, 2001

Statute of Limitations Tolling in Federal Habeas Corpus Petitions: Analysis of Cal v. Allen (4th Cir. 2001) Introduction Cal v. n O'Neil ALLEN, 276 F.3d 183 (4th Cir. 2001), is a pivotal case...

Fourth Circuit Clarifies Rooker-Feldman Doctrine and Automatic Stay Exceptions in Environmental Regulatory Enforcement

Date: Dec 20, 2001

Fourth Circuit Clarifies Rooker-Feldman Doctrine and Automatic Stay Exceptions in Environmental Regulatory Enforcement Introduction In the landmark case Safety-Kleen, Inc. v. South Carolina...

Fourth Circuit Upholds 'Professional Judgment' Standard for §1983 Medical Care Claims in Involuntary Commitment

Date: Dec 19, 2001

Fourth Circuit Upholds 'Professional Judgment' Standard for §1983 Medical Care Claims in Involuntary Commitment Introduction In the case of Thomas Edward Patten, III v. Stephen Nichols, MD; June...

Affirming Proper Venue for §924(j) Charges in Continuing Offenses: Robinson v. United States

Date: Dec 18, 2001

Affirming Proper Venue for §924(j) Charges in Continuing Offenses: Robinson v. United States Introduction Robinson v. United States is a pivotal case adjudicated by the United States Court of Appeals...

Defalcation and Non-Dischargeable Debts in Bankruptcy: Insights from In re Aloys Uwimana and Emma D. Uwimana

Date: Dec 15, 2001

Defalcation and Non-Dischargeable Debts in Bankruptcy: Insights from In re Aloys Uwimana and Emma D. Uwimana Introduction The legal case of In re Aloys Uwimana and Emma D. Uwimana, Debtors. Republic...

Government Discretion in Substantial Assistance Motions Upheld in United States v. Butler

Date: Dec 4, 2001

Government Discretion in Substantial Assistance Motions Upheld in United States v. Butler Introduction In United States v. Butler, 272 F.3d 683 (4th Cir. 2001), the United States Court of Appeals for...

Affirmation of Maryland's Death Penalty Procedures in Burch v. Corcoran

Date: Nov 29, 2001

Affirmation of Maryland's Death Penalty Procedures in Burch v. Corcoran Introduction The case of Heath William Burch v. Thomas R. Corcoran, Warden; J. Joseph Curran, Jr. explores the...

Affirmation of Mail Fraud and Money Laundering Convictions in Fourth Circuit

Date: Nov 28, 2001

Affirmation of Mail Fraud and Money Laundering Convictions in Fourth Circuit Introduction The case of United States of America v. George B. Godwin, Jr. and Willa L. Curry-Robinson presents a...

Enforceability of Dispute Resolution Procedures: Insights from Hightower v. GMRI, Inc.

Date: Nov 15, 2001

Enforceability of Dispute Resolution Procedures: Insights from Hightower v. GMRI, Inc. Introduction The case Eddie L. Hightower, Plaintiff-Appellee, v. GMRI, Incorporated, Defendant-Appellant,...

Duty to Preserve Evidence: Insights from Silvestri v. General Motors

Date: Nov 15, 2001

Duty to Preserve Evidence: Insights from Silvestri v. General Motors Introduction SILVESTRI v. GENERAL MOTORS CORPoration is a pivotal case adjudicated by the United States Court of Appeals for the...