4th Circuit Case Commentaries

Miranda Doctrine Clarified: Statements Regarding Incriminating Evidence Do Not Automatically Constitute Interrogation

Date: Jan 14, 1992

Miranda Doctrine Clarified: Statements Regarding Incriminating Evidence Do Not Automatically Constitute Interrogation Introduction The case of United States of America v. Lloyd C. Payne, decided by...

Deprivation of Out-of-Cell Exercise and the Eighth Amendment: Mitchell v. Rice et al.

Date: Jan 11, 1992

Deprivation of Out-of-Cell Exercise and the Eighth Amendment: Mitchell v. Rice et al. Introduction In the case of James Calvin Mitchell v. Nathan A. Rice; Bobby R. Watson; Bob Seymore,...

Affirmation of Guilty Plea and Validity of Appellate Waiver in Davis v. USA

Date: Jan 10, 1992

Affirmation of Guilty Plea and Validity of Appellate Waiver in Davis v. USA Introduction The case of United States of America v. Joel D. Davis (954 F.2d 182) presents a multifaceted legal dispute...

Williams v. Griffin: Establishing the Sufficiency of Verified Complaints in Eighth Amendment Prison Condition Claims

Date: Dec 31, 1991

Williams v. Griffin: Establishing the Sufficiency of Verified Complaints in Eighth Amendment Prison Condition Claims Introduction Williams v. Griffin, 952 F.2d 820 (4th Cir. 1991), is a pivotal case...

Clarifying the Application of Hardship Balancing and Likelihood of Success in Preliminary Injunctions: Direx v. Breakthrough

Date: Dec 25, 1991

Clarifying the Application of Hardship Balancing and Likelihood of Success in Preliminary Injunctions: Direx Israel, Ltd. v. Breakthrough Medical Corporation Introduction The case of Direx Israel,...

Due Weight Doctrine in IDEA Administrative Reviews: Insights from Doyle v. Arlington County School Board

Date: Dec 20, 1991

Due Weight Doctrine in IDEA Administrative Reviews: Insights from Doyle v. Arlington County School Board Introduction Case: Mairin Doyle, Brian Doyle, and Margaret Doyle (Plaintiffs-Appellants) v....

Persistence in Police Encounters: The Wilson Decision and Fourth Amendment Implications

Date: Dec 20, 1991

Persistence in Police Encounters: The Wilson Decision and Fourth Amendment Implications Introduction The case of UNITED STATES OF AMERICA v. ALBERT WILSON (953 F.2d 116) deliberated by the United...

Reevaluation of Disability Onset in SSI and DIB Claims: Wilkins v. Secretary of Health and Human Services

Date: Dec 18, 1991

Reevaluation of Disability Onset in SSI and DIB Claims: Wilkins v. Secretary of Health and Human Services Introduction Parties Involved: Claireather M. Wilkins (Plaintiff-Appellant) vs. Secretary,...

Equal Protection and Qualified Immunity in Correctional Decisions: O'Bar v. Pinion et al.

Date: Dec 5, 1991

Equal Protection and Qualified Immunity in Correctional Decisions: O'Bar v. Pinion et al. Introduction The case Paul Brendan O'Bar v. J.C. Pinion, Sr., Joseph L. Hamilton, W.V. Ritchie, R. Alan...

Equitable Estoppel and Statute of Limitations in Wrongful Death Claims: Insights from Overstreet v. Kentucky Central Life Ins. Co.

Date: Dec 5, 1991

Equitable Estoppel and Statute of Limitations in Wrongful Death Claims: Insights from Overstreet v. Kentucky Central Life Ins. Co. Introduction The case of Johnny Overstreet, Administrator of the...

Bunch v. Thompson: Clarifying the Waiver of Rights Under Miranda

Date: Nov 28, 1991

Bunch v. Thompson: Clarifying the Waiver of Rights Under Miranda Introduction Bunch v. Thompson is a pivotal case decided by the United States Court of Appeals for the Fourth Circuit in 1991. Timothy...

Broad Interpretation of "Developer" and Advertising Inducements Under the Interstate Land Sales Full Disclosure Act: Lake Country, Inc. v. Olsen

Date: Nov 19, 1991

Broad Interpretation of "Developer" and Advertising Inducements Under the Interstate Land Sales Full Disclosure Act: Lake Country, Inc. v. Olsen Introduction The case of Leroy Olsen, Cheryl Olsen v....

Ensuring Rule 11 Compliance in Guilty Pleas: Insights from United States v. DeFusco

Date: Nov 13, 1991

Ensuring Rule 11 Compliance in Guilty Pleas: Insights from United States v. DeFusco 1. Introduction United States of America v. David Allen Hagen DeFusco is a pivotal case adjudicated by the United...

Attorney-Client Privilege in Agent Communications: A Comprehensive Analysis of IN RE GRAND JURY PROCEEDINGS Under Seal

Date: Oct 31, 1991

Attorney-Client Privilege in Agent Communications: A Comprehensive Analysis of IN RE GRAND JURY PROCEEDINGS Under Seal Introduction The case of IN RE GRAND JURY PROCEEDINGS Under Seal involves a...

Assumption of Risk in Maritime Yacht Racing: DeSole v. United States - A Comprehensive Analysis

Date: Oct 30, 1991

Assumption of Risk in Maritime Yacht Racing: DeSole v. United States - A Comprehensive Analysis Introduction In the landmark case of Domenico DeSole v. United States of America, decided by the United...

Accrual of Cause of Action and Statute of Limitations in §1983 Zoning Ordinance Challenges: National Advertising Co. v. City of Raleigh

Date: Oct 26, 1991

Accrual of Cause of Action and Statute of Limitations in §1983 Zoning Ordinance Challenges: National Advertising Co. v. City of Raleigh Introduction National Advertising Company v. City of Raleigh,...

Affirmation of ERISA's "Pay Now, Dispute Later" Principle in Control Group Withdrawal Liability

Date: Oct 23, 1991

Affirmation of ERISA's "Pay Now, Dispute Later" Principle in Control Group Withdrawal Liability Introduction The case of Teamsters Joint Council No. 83 v. Centra, Incorporated addresses a pivotal...

Clarifying Res Judicata and Statute of Limitations in Union Duty of Fair Representation Claims: The Meekins v. United Transportation Union Decision

Date: Oct 12, 1991

Clarifying Res Judicata and Statute of Limitations in Union Duty of Fair Representation Claims: The Meekins v. United Transportation Union Decision Introduction The case of V.N. Meekins and L.A....

Limits of Due Process for Inmates: GASTON v. TAYLOR (4th Cir. 1991)

Date: Oct 9, 1991

Limits of Due Process for Inmates: GASTON v. TAYLOR (4th Cir. 1991) Introduction The case of Zeb Gaston v. John B. Taylor, decided by the United States Court of Appeals for the Fourth Circuit on...

Limitations of Fourth and Fourteenth Amendment Protections for Innocent Bystanders: Analysis of Rucker v. Harford County

Date: Oct 4, 1991

Limitations of Fourth and Fourteenth Amendment Protections for Innocent Bystanders: Analysis of Rucker v. Harford County Introduction Rucker v. Harford County is a significant case adjudicated by the...