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  • Commentaries
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4th Circuit Case Commentaries

Revisiting Mens Rea in Unauthorized Dispensing: Smithers v. USA and the Impact of Ruan v. USA

Revisiting Mens Rea in Unauthorized Dispensing: Smithers v. USA and the Impact of Ruan v. USA

Date: Feb 3, 2024
Revisiting Mens Rea in Unauthorized Dispensing: Smithers v. USA and the Impact of Ruan v. USA Introduction The case of United States of America v. Joel A. Smithers represents a pivotal moment in the...
Fourth Circuit Upholds Mixed Credibility Findings in Asylum Denial: Ayala-Osegueda v. Garland

Fourth Circuit Upholds Mixed Credibility Findings in Asylum Denial: Ayala-Osegueda v. Garland

Date: Feb 2, 2024
Fourth Circuit Upholds Mixed Credibility Findings in Asylum Denial: Ayala-Osegueda v. Garland Introduction In the case of Ayala-Osegueda v. Garland, the United States Court of Appeals for the Fourth...
Fourth Circuit Clarifies Limits of Pullman Abstention in Oil and Gas Unitization Challenge under SB 694

Fourth Circuit Clarifies Limits of Pullman Abstention in Oil and Gas Unitization Challenge under SB 694

Date: Feb 1, 2024
Fourth Circuit Clarifies Limits of Pullman Abstention in Oil and Gas Unitization Challenge under SB 694 Introduction In the case of Scott Sonda; Brian Corwin v. The West Virginia Oil and Gas...
Establishing Nexus in Asylum Claims: The Lopez-Benitez Decision

Establishing Nexus in Asylum Claims: The Lopez-Benitez Decision

Date: Jan 31, 2024
Establishing Nexus in Asylum Claims: The Lopez-Benitez Decision Introduction The case of Jose Lince Lopez-Benitez v. Merrick B. Garland (91 F.4th 763) represents a pivotal moment in the evaluation of...
Enhancing Rule 11 Compliance: United States v. King Establishes Mandatory Advisement of Supervised Release Consequences

Enhancing Rule 11 Compliance: United States v. King Establishes Mandatory Advisement of Supervised Release Consequences

Date: Jan 27, 2024
Enhancing Rule 11 Compliance: United States v. King Establishes Mandatory Advisement of Supervised Release Consequences Introduction The case of United States of America v. Darrius Andrez King,...
Affirmation of Child Pornography Convictions and Supervised Release Conditions in United States v. Mynes

Affirmation of Child Pornography Convictions and Supervised Release Conditions in United States v. Mynes

Date: Jan 26, 2024
Affirmation of Child Pornography Convictions and Supervised Release Conditions in United States v. Mynes Introduction In the case of United States of America v. Jeremy Nicholas Mynes, the United...
Strict Adherence to the Speedy Trial Act Mandates Dismissal of Untimely Indictments: United States v. Hart

Strict Adherence to the Speedy Trial Act Mandates Dismissal of Untimely Indictments: United States v. Hart

Date: Jan 26, 2024
Strict Adherence to the Speedy Trial Act Mandates Dismissal of Untimely Indictments: United States v. Hart Introduction In the landmark case of United States of America v. Kenneth Wayne Hart, the...
Affirmation of Zoning Denial Upholds Local Government Discretion in Equal Protection Claims: SAS Associates v. City Council for Chesapeake, VA

Affirmation of Zoning Denial Upholds Local Government Discretion in Equal Protection Claims: SAS Associates v. City Council for Chesapeake, VA

Date: Jan 25, 2024
Affirmation of Zoning Denial Upholds Local Government Discretion in Equal Protection Claims: SAS Associates v. City Council for Chesapeake, VA Introduction In the case of SAS Associates 1, LLC;...
Clarifying Excess Insurance and Duty to Defend: Harriman v. Associated Industries Insurance Company

Clarifying Excess Insurance and Duty to Defend: Harriman v. Associated Industries Insurance Company

Date: Jan 25, 2024
Clarifying Excess Insurance and Duty to Defend: Harriman v. Associated Industries Insurance Company Introduction In Susan Harriman v. Associated Industries Insurance Company, Inc., the United States...
Appellate Jurisdiction in Civil Commitment Proceedings: Insights from United States v. Carrington

Appellate Jurisdiction in Civil Commitment Proceedings: Insights from United States v. Carrington

Date: Jan 24, 2024
Appellate Jurisdiction in Civil Commitment Proceedings: Insights from United States v. Carrington, 91 F.4th 252 Introduction United States of America v. Theodore Macon Carrington, Jr., adjudicated by...
Affirmation of Protective Sweep Exception under the Fourth Amendment: United States v. Everett

Affirmation of Protective Sweep Exception under the Fourth Amendment: United States v. Everett

Date: Jan 24, 2024
Affirmation of Protective Sweep Exception under the Fourth Amendment: United States v. Everett Introduction In United States v. Reshod Jamar Everett, the United States Court of Appeals for the Fourth...
Forfeiture of Timeliness Challenges in Civil Commitment Proceedings: Fourth Circuit Upholds §4246 Order in Carrington

Forfeiture of Timeliness Challenges in Civil Commitment Proceedings: Fourth Circuit Upholds §4246 Order in Carrington

Date: Jan 24, 2024
Forfeiture of Timeliness Challenges in Civil Commitment Proceedings: Fourth Circuit Upholds §4246 Order in Carrington Introduction In the case of United States of America v. Theodore Macon...
Reversing Summary Judgment in Reyes v. Waples Mobile Home Park: Establishing New Standards in Fair Housing Law

Reversing Summary Judgment in Reyes v. Waples Mobile Home Park: Establishing New Standards in Fair Housing Law

Date: Jan 24, 2024
Reversing Summary Judgment in Reyes v. Waples Mobile Home Park: Establishing New Standards in Fair Housing Law Introduction The case of Reyes v. Waples Mobile Home Park Limited Partnership marks a...
Affirmation of Drug-Trafficking Conviction Without Speedy Trial Act Violation or Unconstitutional Traffic Stops

Affirmation of Drug-Trafficking Conviction Without Speedy Trial Act Violation or Unconstitutional Traffic Stops

Date: Jan 23, 2024
Affirmation of Drug-Trafficking Conviction Without Speedy Trial Act Violation or Unconstitutional Traffic Stops Introduction In the case of United States of America v. Trezith Rashad Smart, the...
Fourth Circuit Upholds Strict Ascertainability Standards for TCPA Class Actions: Distinguishing Stand-Alone Fax Machines from Online Services

Fourth Circuit Upholds Strict Ascertainability Standards for TCPA Class Actions: Distinguishing Stand-Alone Fax Machines from Online Services

Date: Jan 23, 2024
Fourth Circuit Upholds Strict Ascertainability Standards for TCPA Class Actions: Distinguishing Stand-Alone Fax Machines from Online Services Introduction In the recent appellate decision Career...
Enforcing Oral Sentencing Standards: Fourth Circuit Vacates Supervised Release Conditions in Newby v. United States

Enforcing Oral Sentencing Standards: Fourth Circuit Vacates Supervised Release Conditions in Newby v. United States

Date: Jan 20, 2024
Enforcing Oral Sentencing Standards: Fourth Circuit Vacates Supervised Release Conditions in Newby v. United States Introduction The case of United States of America v. Martrey Antwain Newby...
Tartaro-McGowan v. Inova Home Health: Upholding Reasonable Accommodations Under the ADA Amidst Pandemic Challenges

Tartaro-McGowan v. Inova Home Health: Upholding Reasonable Accommodations Under the ADA Amidst Pandemic Challenges

Date: Jan 18, 2024
Tartaro-McGowan v. Inova Home Health: Upholding Reasonable Accommodations Under the ADA Amidst Pandemic Challenges Introduction Tartaro-McGowan v. Inova Home Health, LLC; Alternate Solutions Health...
Affirmation of Plea Validity and Sentencing Reasonableness in Firearm Offenses

Affirmation of Plea Validity and Sentencing Reasonableness in Firearm Offenses

Date: Jan 17, 2024
Affirmation of Plea Validity and Sentencing Reasonableness in Firearm Offenses Introduction In the case of United States of America v. Anthony Dewayne Daye, the United States Court of Appeals for the...
Clarifying Appellate Review Standards in Sentencing Enhancements: United States v. Gross

Clarifying Appellate Review Standards in Sentencing Enhancements: United States v. Gross

Date: Jan 13, 2024
Clarifying Appellate Review Standards in Sentencing Enhancements: United States v. Gross Introduction In United States v. Gross, 90 F.4th 715 (4th Cir. 2024), the United States Court of Appeals for...
Impact of Confrontation Clause Interpretations in Maynard v. United States

Impact of Confrontation Clause Interpretations in Maynard v. United States

Date: Jan 12, 2024
Impact of Confrontation Clause Interpretations in Maynard v. United States Introduction Maynard v. United States is a significant appellate case decided by the United States Court of Appeals for the...
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