4th Circuit Case Commentaries

Affirming the Gatekeeping Role: Nasim v. Warden and the Application of 28 U.S.C. §1915(d) in In Forma Pauperis Prisoner Litigation

Date: Sep 16, 1995

Affirming the Gatekeeping Role: Nasim v. Warden and the Application of 28 U.S.C. §1915(d) in In Forma Pauperis Prisoner Litigation Introduction Nasim v. Warden, Maryland House of Correction, 64 F.3d...

Fourth Amendment Protection Against Unauthorized Private Searches During Warrant Execution

Date: Sep 13, 1995

Fourth Amendment Protection Against Unauthorized Private Searches During Warrant Execution Introduction The case of Daniel G. Buonocore v. Donald L. Harris represents a significant judicial...

Redefining 'Developer' under the Interstate Land Sales Full Disclosure Act: The Fourth Circuit's Affirmation in HUD v. Cost Control Marketing

Date: Sep 9, 1995

Redefining 'Developer' under the Interstate Land Sales Full Disclosure Act: The Fourth Circuit's Affirmation in HUD v. Cost Control Marketing Introduction In the landmark case of U.S. Department of...

Affirmation of Ordinance 288: Balancing Commercial Speech and Public Welfare in Alcohol Advertising

Date: Sep 1, 1995

Affirmation of Ordinance 288: Balancing Commercial Speech and Public Welfare in Alcohol Advertising Introduction The case of Anheuser-Busch, Inc. v. Schmoke (1995) addresses the constitutional...

Defining "Separate and Distinct Criminal Episodes" Under the ACCA: Letterlough v. United States

Date: Aug 29, 1995

Defining "Separate and Distinct Criminal Episodes" Under the ACCA: Letterlough v. United States Introduction In the landmark case of United States of America v. Vincent Jay Letterlough, 63 F.3d 332...

Specific Factual Findings Required for Perjury-Related Sentencing Enhancements: United States v. Smith

Date: Aug 22, 1995

Specific Factual Findings Required for Perjury-Related Sentencing Enhancements: United States v. Smith Court of Appeals, Fourth Circuit, 1995 Introduction The case of United States of America v....

Interpretation of "Knowingly" in Felon-In-Possession Statutes: United States v. Langley

Date: Aug 15, 1995

Interpretation of "Knowingly" in Felon-In-Possession Statutes: United States v. Langley Introduction United States of America v. Richard Langley (62 F.3d 602) is a pivotal case decided by the United...

Implications of Retrospective Amendments to Sentencing Guidelines: United States v. Capers

Date: Aug 11, 1995

Implications of Retrospective Amendments to Sentencing Guidelines: United States v. Capers Introduction The case of United States of America v. Anthony J. Capers, decided by the United States Court...

Collateral Estoppel and Non-Dischargeability of Punitive Damages under 11 U.S.C. §523(a)(6): An In-Depth Analysis of In re James B. McNallen

Date: Aug 11, 1995

Collateral Estoppel and Non-Dischargeability of Punitive Damages under 11 U.S.C. §523(a)(6): An In-Depth Analysis of In re James B. McNallen Introduction The case of In re: James B. McNallen, Debtor...

Fourth Circuit Affirms Summary Judgment in Age Discrimination Case: Henson v. Liggett Group

Date: Aug 10, 1995

Fourth Circuit Affirms Summary Judgment in Age Discrimination Case: Henson v. Liggett Group Introduction In the landmark case of Shirley S. Henson v. Liggett Group, Inc., the United States Court of...

Enforcing Court Orders: The Precedent Set in In Re General Motors Corporation

Date: Aug 9, 1995

Enforcing Court Orders: The Precedent Set in In Re General Motors Corporation Introduction The case In Re General Motors Corporation (61 F.3d 256), adjudicated by the United States Court of Appeals...

Affirmation of Proper Sentencing Enhancements and Consecutive Sentencing Under U.S. Sentencing Guidelines in United States v. Puckett

Date: Aug 5, 1995

Affirmation of Proper Sentencing Enhancements and Consecutive Sentencing Under U.S. Sentencing Guidelines in United States v. Puckett Introduction The case of United States of America v. Pamela Adele...

Establishing Standards for Constructive Discharge and Equitable Relief in National Origin Harassment Cases: A Comprehensive Analysis of Amirmokri v. BGE

Date: Aug 4, 1995

Establishing Standards for Constructive Discharge and Equitable Relief in National Origin Harassment Cases: A Comprehensive Analysis of Amirmokri v. BGE Introduction The case of Homi N. Amirmokri v....

ADA Non-Applicability to State Prisons Confirmed: Staples v. Virginia Department of Corrections

Date: Jul 20, 1995

ADA Non-Applicability to State Prisons Confirmed: Staples v. Virginia Department of Corrections Introduction The case of William A. Staples v. Virginia Department of Corrections, decided on July 19,...

Admissibility of Prior Bad Acts Evidence in Sexual Abuse Cases: United States v. Grady William Powers

Date: Jul 15, 1995

Admissibility of Prior Bad Acts Evidence in Sexual Abuse Cases: United States v. Grady William Powers Introduction The case of United States of America v. Grady William Powers (59 F.3d 1460, 4th Cir....

Unconstitutional Prior Restraint: The Fourth Circuit’s Decision in Warwick Books v. Prince George's County

Date: Jul 6, 1995

Unconstitutional Prior Restraint: The Fourth Circuit’s Decision in Warwick Books v. Prince George's County Introduction The case of 11126 Baltimore Boulevard, Inc. v. Prince George's County, Maryland...

Qualified Immunity in Disability Accommodation Claims: Torcasio v. Murray

Date: Jun 30, 1995

Qualified Immunity in Disability Accommodation Claims: Torcasio v. Murray Introduction Anthony Torcasio, a morbidly obese inmate, filed a lawsuit against officials of the Virginia Department of...

Barnes v. Thompson: Upholding Procedural Default and Clarifying Brady Materiality in Capital Sentencing

Date: Jun 30, 1995

Barnes v. Thompson: Upholding Procedural Default and Clarifying Brady Materiality in Capital Sentencing Introduction Barnes v. Thompson is a pivotal case adjudicated by the United States Court of...

Deliberate Indifference in Prison Medical Care: Brice v. Virginia Beach Correctional Center

Date: Jun 29, 1995

Deliberate Indifference in Prison Medical Care: Brice v. Virginia Beach Correctional Center Introduction Brice v. Virginia Beach Correctional Center is a significant judicial decision rendered by the...

Revisiting Supplemental Jurisdiction in Diversity Cases: Shanaghan v. Cahill Associates

Date: Jun 29, 1995

Revisiting Supplemental Jurisdiction in Diversity Cases: Shanaghan v. Cahill Associates Introduction The case of Shanaghan v. Cahill Associates, 58 F.3d 106 (4th Cir. 1995), addresses a pivotal issue...