4th Circuit Case Commentaries

Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez

Date: Apr 15, 2025

Circumstantial Authentication of Video Evidence under Fed. R. Evid. 901 and Limits on Lay Opinion Identification: United States v. Sandoval-Rodriguez Introduction The Fourth Circuit’s unpublished...

Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC

Date: Apr 15, 2025

Demand-Triggered Default Interest and Inclusive Fee-Shifting in Commercial Leases: NCO Financial Systems, Inc. v. Montgomery Park, LLC Introduction This commentary examines the Fourth Circuit’s...

Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception

Date: Apr 15, 2025

Ensuring Knowing and Voluntary Appeal Waivers in Plea Agreements: The Severance Remedy and Miscarriage of Justice Exception Introduction United States v. Quamaine Smith is a Fourth Circuit decision...

Enforcement of Certified-Mail Notice and Non-Waiver Clauses in Contract Terminations

Date: Apr 15, 2025

Enforcement of Certified-Mail Notice and Non-Waiver Clauses in Contract Terminations Introduction The dispute in Curtis Lawrence v. DAP Products, Inc. (4th Cir. Apr. 14, 2025) arose when DAP...

Clarifying “Causing” Under U.S.S.G. §2G2.2(c)(1): Temporal Nexus Requirement in Child Exploitation Sentencing

Date: Apr 15, 2025

Clarifying “Causing” Under U.S.S.G. §2G2.2(c)(1): Temporal Nexus Requirement in Child Exploitation Sentencing Introduction In United States v. Luis Ramirez Avila (4th Cir. 2025), the Fourth Circuit...

Subjective Knowledge of Unauthorized Conduct Required for Conviction under 21 U.S.C. § 841

Date: Apr 12, 2025

Subjective Knowledge of Unauthorized Conduct Required for Conviction under 21 U.S.C. § 841 Introduction The Fourth Circuit’s decision in United States v. George P. Naum, III, 20-4133 (4th Cir. Apr....

Permissible Accent-Based Peremptory Challenges and Eleven-Member Jury Procedure Under Federal Rule 23(b)

Date: Apr 11, 2025

Permissible Accent-Based Peremptory Challenges and Eleven-Member Jury Procedure Under Federal Rule 23(b) Introduction United States v. Oscar Sorto Romero is a published decision of the Fourth...

Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury under Fed. R. Crim. P. 23(b)

Date: Apr 11, 2025

Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury under Fed. R. Crim. P. 23(b) Introduction In United States v. Milton Portillo Rodriguez, 4th Cir. (Apr. 10, 2025), four...

Virginia Petit Larceny as Categorically a Crime Involving Moral Turpitude

Date: Apr 11, 2025

Virginia Petit Larceny as Categorically a Crime Involving Moral Turpitude Introduction In Eugenia Bautista Chavez v. Pamela Jo Bondi, the Fourth Circuit addressed whether a 2011 Virginia petit...

Strategic Counsel Decisions and the Strickland Standard: Clarifying Effective Assistance in United States v. Powell

Date: Apr 11, 2025

Strategic Counsel Decisions and the Strickland Standard: Clarifying Effective Assistance in United States v. Powell Introduction United States v. Nathaniel Powell, 21-6992 (4th Cir. Apr. 10, 2025)...

Categorical Moral Turpitude in Virginia Petit Larceny: Chavez v. Bondi Precedent

Date: Apr 11, 2025

Establishing Categorical Moral Turpitude in Virginia Petit Larceny: Chavez v. Bondi Introduction In Eugenia Bautista Chavez v. Pamela Jo Bondi, the Fourth Circuit confronted the question of whether a...

Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury Deliberations

Date: Apr 11, 2025

Permissibility of Accent-Based Peremptory Strikes and Eleven-Member Jury Deliberations Introduction This commentary examines the United States Court of Appeals for the Fourth Circuit’s decision in...

United States v. Rodriguez: Accent-Based Peremptory Strikes and Rule 23(b) Eleven-Member Jury Validated

Date: Apr 11, 2025

United States v. Rodriguez: Accent-Based Peremptory Strikes and Rule 23(b) Eleven-Member Jury Validated Introduction This consolidated appeal arises from the convictions of four defendants—Jose Joya...

Forced Labor Statute Encompasses Domestic Familial Relationships: United States v. Chaudhri Precedent

Date: Apr 9, 2025

Forced Labor Statute Encompasses Domestic Familial Relationships: United States v. Chaudhri Precedent Introduction United States v. Mohammad Chaudhri, decided April 8, 2025 by the Fourth Circuit,...

Scope of the Fifth Amendment Privilege in Post-Conviction Sentencing: Abuse of Discretion Standard in United States v. Oliver

Date: Apr 9, 2025

Scope of the Fifth Amendment Privilege in Post-Conviction Sentencing: Abuse of Discretion Standard in United States v. Oliver Introduction United States v. Winston Sylvester Oliver, II, 23-4544 (4th...

Finality Requirement in Multi-Claim Orders: Non-Appealability of Partial Dismissals Without Resolving All Claims

Date: Apr 9, 2025

Finality Requirement in Multi-Claim Orders: Non-Appealability of Partial Dismissals Without Resolving All Claims Introduction Phyllis Weaver, an African-American pharmacist with recognized...

Affirming the High Bar for Loss Causation: The Inadequacy of Disclaimed Short-Seller Reports

Date: Apr 9, 2025

Affirming the High Bar for Loss Causation: The Inadequacy of Disclaimed Short-Seller Reports 1. Introduction In Anthony Defeo v. IonQ, Inc., the Fourth Circuit addressed whether a group of investors...

Forced Labor Statute Encompasses Familial Domestic Servitude: United States v. Zahida Aman

Date: Apr 9, 2025

Forced Labor Statute Encompasses Familial Domestic Servitude Introduction United States v. Zahida Aman (4th Cir. Apr. 8, 2025) arises from a forced labor conspiracy in which a mother-in-law, Zahida...

Validating Pandemic-Related and Pretrial Motions Delays Under the Sixth Amendment: United States v. Murdaugh

Date: Apr 9, 2025

Validating Pandemic-Related and Pretrial Motions Delays Under the Sixth Amendment: United States v. Murdaugh Introduction In United States v. Carl Murdaugh (No. 23-4472, 4th Cir. April 8, 2025), the...

Recognition of Ongoing Retaliatory Abuse as Imminent Danger under PLRA §1915(g)

Date: Apr 9, 2025

Recognition of Ongoing Retaliatory Abuse as Imminent Danger under PLRA §1915(g) Introduction The Fourth Circuit’s decision in Garfield William Holley v. J. Combs, 22-6177 (4th Cir. Apr. 8, 2025),...