Retaliation by Accelerated Removal: Fact Dispute Created When Employer’s Notice Ties Timing to Protected Complaints 1. Introduction In Mark Lee v. West Virginia University Medical Corporation, Dr....
Divisibility of West Virginia’s Controlled Substances Act: “Manufacture” (Including Cultivation) Qualifies as a Guidelines Controlled Substance Offense Despite Campbell I. Introduction In United...
Coram Nobis Requires Prompt Action and Cumulative Brady Materiality—Even When the District Court Analyzes Evidence Piecemeal Case: United States v. Jonathan Giannone (4th Cir. July 9, 2026)...
United States v. Carson: Timing Controls Rodriguez—Once Marijuana Odor Establishes Probable Cause, Later “Detours” Do Not Unlawfully Prolong the Stop; Sakyi Continues to Permit Drug-Based Frisks I....
Virginia Embezzlement Is Not Categorically a “Fraud or Deceit” Aggravated Felony Under INA § 1101(a)(43)(M)(i) Case: Maximino Ramos v. Todd Blanche Court: United States Court of Appeals for the...
Policy Violations Alone Do Not Establish Eighth Amendment Deliberate Indifference Absent Proof of Subjective Awareness of a Substantial Risk Introduction In Randle Jackson v. Gerald Bush (4th Cir....
Fourth Circuit: Nonparty Attorney May Immediately Appeal a Separate Civil-Contempt Sanction, and Civil Contempt Requires Clear Proof of Harm (Not Punishment) I. Introduction In Dmarcian, Inc. v....
Abitron Conduct Test in the Fourth Circuit: Targeting U.S. Customers via a Trademark-Misusing Website Triggers Domestic “Use in Commerce,” and Sanctions Tied to Foreign-Court Corrections Await Final...
Elements-First, Facts-Second: The Fourth Circuit Enforces the Sequential Two-Step Test for the “Particularly Serious Crime” Bar 1. Introduction In Warner Guevara Martinez v. Todd Blanche (4th Cir....
Standing Preserved When Relief Removes an Allegedly Unconstitutional Barrier, Even If Government May Later Invoke Other Reasons I. Introduction South Carolina State Conference of the NAACP v. Ellen...
Fourth Amendment Rule: Police “Block-In” Parking Tactics Create a Seizure; Vague Anonymous 911 Drug Tips Plus “High-Crime Area” Do Not Supply Reasonable Suspicion 1. Introduction United States v....
Fourth Circuit: Clearly Established Right to Religiously Required Diet During Ramadan; Free Exercise Claims Require Turner Analysis (Not RLUIPA’s “Substantial Burden” Framing) Case: Stephen Roberts...
Affirmative Waiver Forecloses Appellate Review of Career-Offender Status; Unexplained Urinalysis Testing Condition Is Not Plain Error When It Mirrors a Statutory Mandatory Condition 1. Introduction...
Section 242 “Results From” Requires Both But-For and Proximate Cause—and a Jury Must Be Told So Case: United States of America v. Shronda Covington (No. 25-4282) & United States of America v. Tonya...
Section 242 “Results From” Requires Proximate Cause; Guidelines “Relevant Conduct” Must Satisfy §1B1.3(a) Before Acquitted-Conduct Limits Apply I. Introduction United States v. Shronda Covington...
Non‑Medical Jail Supervisors May Not “Do Nothing” When Serious Medical Need Is Obvious and Care Appears Inadequate—Deference to Medical Staff Has Limits Case: Cassiopia Rhoads v. Erik Riddell Court:...
Binding Internal Termination Procedures Create Fifth Amendment Property Interests in Reassignment and Appeal Rights for Intelligence Officers 1. Introduction John Doe 1 v. Office of the Director of...
Paperwork-Motivated Delay After Suspected Assault Defeats Qualified Immunity for Deliberate Indifference I. Introduction In Tiffany Adele King, as Administratrix of the Estate of Maurice Antoine King...
AEDPA “Double Deference” Controls: Federal Habeas Courts May Not Reweigh Barker Speedy-Trial or Strickland Claims Absent an Objectively Unreasonable State Decision 1. Introduction K.C. Langford v....
Protective/Amended Petitions Preserve CAT Review After Waiver of § 1252(b)(1); BIA Must Apply Genuine Clear-Error Review to IJ Factfinding Introduction Pierre Riley v. Todd Blanche (4th Cir. July 2,...