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  • Commentaries
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4th Circuit Case Commentaries

“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation (Saadiq Long v. Bondi, 2025)

“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation (Saadiq Long v. Bondi, 2025)

Date: Aug 19, 2025
“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation I. Introduction In Saadiq Long v. Pamela Bondi, No. 24-1369/1403 (4th Cir....
Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded

Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded

Date: Aug 19, 2025
Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded Introduction The Fourth Circuit’s published decision...
The “Intentional-Withdrawal Waiver” Doctrine – Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Breeland)

The “Intentional-Withdrawal Waiver” Doctrine – Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Breeland)

Date: Aug 19, 2025
The “Intentional-Withdrawal Waiver” Doctrine Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Bernard K. Breeland, Jr.,...
“Beyond Miller”: The Fourth Circuit Declines to Extend Juvenile-Sentencing Protections to 18-Year-Old Offenders and Clarifies Evidentiary & Joinder Standards in Large-Scale VICAR Prosecutions – A Commentary on United States v. Duglas Ferrera (2025)

“Beyond Miller”: The Fourth Circuit Declines to Extend Juvenile-Sentencing Protections to 18-Year-Old Offenders and Clarifies Evidentiary & Joinder Standards in Large-Scale VICAR Prosecutions – A Commentary on United States v. Duglas Ferrera (2025)

Date: Aug 19, 2025
“Beyond Miller”: The Fourth Circuit Declines to Extend Juvenile-Sentencing Protections to 18-Year-Old Offenders and Clarifies Evidentiary & Joinder Standards in Large-Scale VICAR Prosecutions – A...
No Safe Harbor in Fear: Fourth Circuit Narrows Duress Defence in Gang-Related VICAR Prosecutions

No Safe Harbor in Fear: Fourth Circuit Narrows Duress Defence in Gang-Related VICAR Prosecutions

Date: Aug 19, 2025
No Safe Harbor in Fear: Fourth Circuit Narrows Duress Defence in Gang-Related VICAR Prosecutions 1. Introduction United States v. Elmer Martinez (consolidated appeals Nos. 22-4745, 22-4746, 23-4005,...
United States v. Martinez (2025): Fourth Circuit Defines the Outer Limits of the Duress Defence in VICAR Murders and Clarifies Knock-and-Talk Doctrine

United States v. Martinez (2025): Fourth Circuit Defines the Outer Limits of the Duress Defence in VICAR Murders and Clarifies Knock-and-Talk Doctrine

Date: Aug 19, 2025
United States v. Martinez (4th Cir. 2025): Clarifying the Boundaries of Duress under 18 U.S.C. § 1959, the Admissibility of Gang-Violence Evidence, and the Proper Scope of Knock-and-Talk Searches...

Fourth Circuit Narrows “Gang-Duress” and Confirms Admissibility of Expert Gang Testimony after Crawford:
A Commentary on United States v. Pablo Velasco Barrera (2025)

Fourth Circuit Narrows “Gang-Duress” and Confirms Admissibility of Expert Gang Testimony after Crawford: A Commentary on United States v. Pablo Velasco Barrera (2025)

Date: Aug 19, 2025
Fourth Circuit Narrows “Gang-Duress” and Confirms Admissibility of Expert Gang Testimony after Crawford A Comprehensive Commentary on United States v. Pablo Velasco Barrera, 92 F.4th ___ (4th Cir....
“No Safe Harbor in Gang Coercion” – The Fourth Circuit’s Definitive Limits on Duress, Evidence, and Sentencing in United States v. Ronald Contreras (2025)

“No Safe Harbor in Gang Coercion” – The Fourth Circuit’s Definitive Limits on Duress, Evidence, and Sentencing in United States v. Ronald Contreras (2025)

Date: Aug 18, 2025
“No Safe Harbor in Gang Coercion” – The Fourth Circuit’s Definitive Limits on Duress, Evidence, and Sentencing in United States v. Ronald Contreras (2025) 1. Introduction United States v. Ronald...
United States v. Crawford: Clarifying the Obstruction-of-Justice Enhancement and Reaffirming Limits on “Reasonable Doubt” Definitions

United States v. Crawford: Clarifying the Obstruction-of-Justice Enhancement and Reaffirming Limits on “Reasonable Doubt” Definitions

Date: Aug 18, 2025
United States v. Crawford: Clarifying the Obstruction-of-Justice Enhancement and Reaffirming Limits on “Reasonable Doubt” Definitions 1. Introduction United States v. Stephen C. Crawford, No. 24-4243...
Rivas de Nolasco v. Bondi: The Fourth Circuit Affirms § 1252(b)(1) as a Non-Jurisdictional Claims-Processing Rule and Reinforces Nexus Standards for Particular Social Group Claims

Rivas de Nolasco v. Bondi: The Fourth Circuit Affirms § 1252(b)(1) as a Non-Jurisdictional Claims-Processing Rule and Reinforces Nexus Standards for Particular Social Group Claims

Date: Aug 18, 2025
Rivas de Nolasco v. Bondi: The Fourth Circuit Affirms § 1252(b)(1) as a Non-Jurisdictional Claims-Processing Rule and Reinforces Nexus Standards for Particular Social Group Claims Introduction In...
Fourth Circuit Confirms Fifth-Amendment Right to Effective Retained Counsel in Removal Proceedings: Commentary on Sulma Guandique-De Romero v. Pamela Bondi

Fourth Circuit Confirms Fifth-Amendment Right to Effective Retained Counsel in Removal Proceedings: Commentary on Sulma Guandique-De Romero v. Pamela Bondi

Date: Aug 18, 2025
Fourth Circuit Confirms Fifth-Amendment Right to Effective Retained Counsel in Removal Proceedings (Sulma Guandique-De Romero v. Pamela Bondi, 24-1154, decided 13 Aug 2025) Introduction The published...
“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline

“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline

Date: Aug 18, 2025
“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline Introduction Tillman...
Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen (4th Cir. 2025)

Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen (4th Cir. 2025)

Date: Aug 18, 2025
Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen, No. 24-4169 (4th Cir. Aug. 13 2025) 1. Introduction In United...

    Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s
    Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility
    in § 3E1.1 Acceptance-of-Responsibility Credits

Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility in § 3E1.1 Acceptance-of-Responsibility Credits

Date: Aug 18, 2025
Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility in § 3E1.1 Acceptance-of-Responsibility Credits Introduction...
Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits

Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits

Date: Aug 18, 2025
Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits Introduction United States v. David Milam, Nos. 23-4527/28/29...
The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea

The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea

Date: Aug 18, 2025
The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea Introduction United States v. David Milam, Nos. 23-4527/28/29 (4th Cir. 2025), presented...
United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H)

United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H)

Date: Aug 18, 2025
United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H) Introduction United States v. Melvin Leon Myrick, No. 23-4768 (4th Cir. Aug. 13, 2025), offers the...
“Stacked-Probabilities” and the Preliminary Injunction: The Fourth Circuit’s New Multiplicative-Likelihood Doctrine in American Federation of Teachers v. Bessent

“Stacked-Probabilities” and the Preliminary Injunction: The Fourth Circuit’s New Multiplicative-Likelihood Doctrine in American Federation of Teachers v. Bessent

Date: Aug 14, 2025
“Stacked-Probabilities” and the Preliminary Injunction: The Fourth Circuit’s New Multiplicative-Likelihood Doctrine in American Federation of Teachers v. Bessent 1. Introduction On 12 August 2025 the...
“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote

“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote

Date: Aug 14, 2025
“Ratification Trumps Procedure” – Fourth Circuit Clarifies that Homeowners May Cure an Unauthorized Referendum by Subsequent Vote 1. Introduction In Jill K. Jinks v. Community Services Associates...
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments

Date: Aug 14, 2025
“The Jinks Ratification Rule” – When a Super-Majority Vote Cures Procedural Defects in Community Covenant Amendments Introduction In Jill K. Jinks v. Sea Pines Resort LLC, Nos. 22-2013 & 22-2056 (4th...
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