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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Upholds EX PARTE YOUNG Doctrine in Felon Disenfranchisement Case

Fourth Circuit Upholds EX PARTE YOUNG Doctrine in Felon Disenfranchisement Case

Date: Dec 9, 2024
Fourth Circuit Upholds EX PARTE YOUNG Doctrine in Felon Disenfranchisement Case Establishing New Precedent on Sovereign Immunity and Federal Law Supremacy Introduction The United States Court of...
“Reasonable to Believe” Under Gant Is Less Than Probable Cause: The Fourth Circuit’s Clarification on Vehicle Searches Incident to Arrest, Rogers Consistency, and Plain-Error Sentencing

“Reasonable to Believe” Under Gant Is Less Than Probable Cause: The Fourth Circuit’s Clarification on Vehicle Searches Incident to Arrest, Rogers Consistency, and Plain-Error Sentencing

Date: Dec 5, 2024
“Reasonable to Believe” Under Gant Is Less Than Probable Cause: The Fourth Circuit’s Clarification on Vehicle Searches Incident to Arrest, Rogers Consistency, and Plain-Error Sentencing Introduction...
Dormant Notices of Appeal and Interlocutory Tolling: Fourth Circuit Holds FRAP 4(a)(4) Applies to Qualified-Immunity Appeals and Requires Full Disposition of Reconsideration Motions Before a Notice Becomes Effective

Dormant Notices of Appeal and Interlocutory Tolling: Fourth Circuit Holds FRAP 4(a)(4) Applies to Qualified-Immunity Appeals and Requires Full Disposition of Reconsideration Motions Before a Notice Becomes Effective

Date: Dec 5, 2024
Dormant Notices of Appeal and Interlocutory Tolling: Fourth Circuit Holds FRAP 4(a)(4) Applies to Qualified-Immunity Appeals and Requires Full Disposition of Reconsideration Motions Before a Notice...
No “Illegal Sentence” Escape Hatch for Case-Specific ACCA Errors: Fourth Circuit Enforces Broad Appeal Waiver in United States v. Lubkin

No “Illegal Sentence” Escape Hatch for Case-Specific ACCA Errors: Fourth Circuit Enforces Broad Appeal Waiver in United States v. Lubkin

Date: Dec 5, 2024
No “Illegal Sentence” Escape Hatch for Case-Specific ACCA Errors: Fourth Circuit Enforces Broad Appeal Waiver in United States v. Lubkin Introduction In a published opinion authored by Judge...
Unresolved Claims Defeat Appellate Jurisdiction; Fourth Circuit Directs Application of Muldrow’s “Terms or Conditions” Standard to Title VII Disparate Treatment

Unresolved Claims Defeat Appellate Jurisdiction; Fourth Circuit Directs Application of Muldrow’s “Terms or Conditions” Standard to Title VII Disparate Treatment

Date: Dec 4, 2024
28 U.S.C. § 1291 and the impact of Muldrow v. City of St. Louis on the adverse-action standard for disparate-treatment claims."> Unresolved Claims Defeat Appellate Jurisdiction; Fourth Circuit...
Mandate Means With Prejudice: Fourth Circuit Requires District Courts to Dismiss—Not Re‑Plead—Claims After Appellate Immunity Rulings

Mandate Means With Prejudice: Fourth Circuit Requires District Courts to Dismiss—Not Re‑Plead—Claims After Appellate Immunity Rulings

Date: Dec 4, 2024
Mandate Means With Prejudice: Fourth Circuit Requires District Courts to Dismiss—Not Re‑Plead—Claims After Appellate Immunity Rulings Introduction This commentary examines the Fourth Circuit’s...
Fourth Circuit Upholds 'Particularly Serious Crime' Ruling Bar to Asylum and Deferral Under CAT in Identity Fraud Case

Fourth Circuit Upholds 'Particularly Serious Crime' Ruling Bar to Asylum and Deferral Under CAT in Identity Fraud Case

Date: Nov 28, 2024
Fourth Circuit Upholds 'Particularly Serious Crime' Ruling Bar to Asylum and Deferral Under CAT in Identity Fraud Case Introduction In the case of Mohamed Lamine Kouyate v. Merrick B. Garland, heard...
Affirmation of Private-Search Doctrine in Child Pornography Case: United States v. Jeffery

Affirmation of Private-Search Doctrine in Child Pornography Case: United States v. Jeffery

Date: Nov 25, 2024
Affirmation of Private-Search Doctrine in Child Pornography Case: United States v. Jeffery Introduction In the landmark case United States of America v. William Robert Jeffery, the United States...
Fourth Circuit Affirms PPP Fraud Conviction: Admissibility of Domestic Abuse Evidence and Jury Instruction Standards

Fourth Circuit Affirms PPP Fraud Conviction: Admissibility of Domestic Abuse Evidence and Jury Instruction Standards

Date: Nov 25, 2024
Fourth Circuit Affirms PPP Fraud Conviction: Admissibility of Domestic Abuse Evidence and Jury Instruction Standards Introduction The case of United States of America v. Rose-Marie Nsahlai presents a...
Safeguarding Due Process: Insights from United States v. Chang

Safeguarding Due Process: Insights from United States v. Chang

Date: Nov 22, 2024
Safeguarding Due Process: Insights from United States v. Chang Introduction The case of United States of America v. David Hyun Chang serves as a pivotal reference in understanding the application of...
Affirmed: Pro Se Filings via Fax Require Explicit Local Rule or Court Order

Affirmed: Pro Se Filings via Fax Require Explicit Local Rule or Court Order

Date: Nov 22, 2024
Affirmed: Pro Se Filings via Fax Require Explicit Local Rule or Court Order Introduction In the case of Jay Folse v. Tiffany Hoffman et al., the United States Court of Appeals for the Fourth Circuit...
Fourth Circuit Establishes Non-Jurisdictional Status of IDEA's Exhaustion Requirement

Fourth Circuit Establishes Non-Jurisdictional Status of IDEA's Exhaustion Requirement

Date: Nov 22, 2024
Fourth Circuit Establishes Non-Jurisdictional Status of IDEA's Exhaustion Requirement Introduction The case of Bills et al. v. Virginia Department of Education et al. addresses the procedural...
Assumed Error Harmlessness in Sentencing: United States v. Barnett

Assumed Error Harmlessness in Sentencing: United States v. Barnett

Date: Nov 20, 2024
Assumed Error Harmlessness in Sentencing: United States v. Barnett Introduction The case of United States of America v. Demirion Keziah Barnett addresses the complexities involved in federal...
Affirming the Conditional Stipulation in Plea Agreements: Analysis of United States v. Davis

Affirming the Conditional Stipulation in Plea Agreements: Analysis of United States v. Davis

Date: Nov 20, 2024
Affirming the Conditional Stipulation in Plea Agreements: Analysis of United States v. Davis Introduction In the case of United States of America v. Mickael Jaquan Davis, the United States Court of...
Clarification on Sentencing Guidelines §1B1.2(d): United States v. Mitchell

Clarification on Sentencing Guidelines §1B1.2(d): United States v. Mitchell

Date: Nov 8, 2024
Clarification on Sentencing Guidelines §1B1.2(d): United States v. Mitchell Introduction United States of America v. Christopher Ladariss Mitchell, 120 F.4th 1233, decided by the United States Court...
Court Affirms Dismissal in Cedar Realty Trust Preferred Stockholders’ Breach of Contract and Fiduciary Duty Claims

Court Affirms Dismissal in Cedar Realty Trust Preferred Stockholders’ Breach of Contract and Fiduciary Duty Claims

Date: Sep 5, 2024
Court Affirms Dismissal in Cedar Realty Trust Preferred Stockholders’ Breach of Contract and Fiduciary Duty Claims Introduction In the notable case of Julia Kim, David Sydney, Martin Novick, J. Renee...
Fourth Circuit Upholds PPP Loan Fraud Convictions: Affirming Sentencing Enhancements and Confrontation Rights

Fourth Circuit Upholds PPP Loan Fraud Convictions: Affirming Sentencing Enhancements and Confrontation Rights

Date: Sep 4, 2024
Fourth Circuit Upholds PPP Loan Fraud Convictions: Affirming Sentencing Enhancements and Confrontation Rights Introduction In the case of United States of America v. Izzat Freitekh and Tarik...
Fourth Circuit Affirms §1981 Protections Against Racial Discrimination in Contractual Matters

Fourth Circuit Affirms §1981 Protections Against Racial Discrimination in Contractual Matters

Date: Aug 27, 2024
Fourth Circuit Affirms §1981 Protections Against Racial Discrimination in Contractual Matters Introduction In the recent appellate decision of Alexis Guerrero v. Ollie's Bargain Outlet, Inc., the...
Comprehensive Analysis of Loss Interpretation in USSG § 2B1.1 Following United States v. Maggie Anne Boler

Comprehensive Analysis of Loss Interpretation in USSG § 2B1.1 Following United States v. Maggie Anne Boler

Date: Aug 24, 2024
Comprehensive Analysis of Loss Interpretation in USSG § 2B1.1 Following United States v. Maggie Anne Boler Introduction United States of America v. Maggie Anne Boler, decided by the United States...
Affirming Shall-Issue Licensing Laws: Comprehensive Analysis of the 4th Circuit’s Upholding of Maryland’s Handgun Qualification License Statute

Affirming Shall-Issue Licensing Laws: Comprehensive Analysis of the 4th Circuit’s Upholding of Maryland’s Handgun Qualification License Statute

Date: Aug 24, 2024
Affirming Shall-Issue Licensing Laws: Comprehensive Analysis of the 4th Circuit’s Upholding of Maryland’s Handgun Qualification License Statute Introduction The case of Maryland Shall Issue, Inc. v....
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