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  • Commentaries
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4th Circuit Case Commentaries

Limits on Relitigation of Direct Appeal Issues in §2255 Proceedings and the Application of Apprendi: United States v. Dyess

Limits on Relitigation of Direct Appeal Issues in §2255 Proceedings and the Application of Apprendi: United States v. Dyess

Date: Sep 17, 2013
Limits on Relitigation of Direct Appeal Issues in §2255 Proceedings and the Application of Apprendi: United States v. Dyess Introduction United States of America v. Calvin Douglas Dyess (730 F.3d...
Recognition of Inmate's Religious Name and Retaliation Protections Under First Amendment: Green v. Beck

Recognition of Inmate's Religious Name and Retaliation Protections Under First Amendment: Green v. Beck

Date: Aug 28, 2013
Recognition of Inmate's Religious Name and Retaliation Protections Under First Amendment: Green v. Beck Introduction In Green v. Beck, the United States Court of Appeals for the Fourth Circuit...
Federal Jurisdiction Affirmed Over Public Trust Land Use: Toloczko v. Town of Nags Head

Federal Jurisdiction Affirmed Over Public Trust Land Use: Toloczko v. Town of Nags Head

Date: Aug 28, 2013
Federal Jurisdiction Affirmed Over Public Trust Land Use: Toloczko v. Town of Nags Head Introduction In the case of Town of Nags Head v. Toloczko, the United States Court of Appeals for the Fourth...
Fourth Circuit Establishes Limits on Modified Categorical Approach for Sexual Abuse Convictions under USSG §2L1.2

Fourth Circuit Establishes Limits on Modified Categorical Approach for Sexual Abuse Convictions under USSG §2L1.2

Date: Aug 27, 2013
Fourth Circuit Establishes Limits on Modified Categorical Approach for Sexual Abuse Convictions under USSG §2L1.2 Introduction The case of United States of America v. Hans Elvin Cabrera–Umanzor (728...
Reiterating Brady and Giglio Protections Against Government Discovery Abuses: Analysis of United States v. Bartko

Reiterating Brady and Giglio Protections Against Government Discovery Abuses: Analysis of United States v. Bartko

Date: Aug 24, 2013
Reiterating Brady and Giglio Protections Against Government Discovery Abuses: Analysis of United States v. Bartko Introduction United States v. Gregory Bartko is a significant appellate decision...
Simmons Retroactivity: Redefining Felony Criteria under 18 U.S.C. § 922(g)(1)

Simmons Retroactivity: Redefining Felony Criteria under 18 U.S.C. § 922(g)(1)

Date: Aug 22, 2013
Simmons Retroactivity: Redefining Felony Criteria under 18 U.S.C. § 922(g)(1) Introduction The case of Gordon Lee Miller v. United States of America presents a pivotal moment in the interpretation of...
Qualified Immunity Protected Correctional Officer Under Pre-Wilkins Standards: Hill v. Crum

Qualified Immunity Protected Correctional Officer Under Pre-Wilkins Standards: Hill v. Crum

Date: Aug 15, 2013
Qualified Immunity Protected Correctional Officer Under Pre-Wilkins Standards: Hill v. Crum Introduction Hill v. Crum, 727 F.3d 312 (4th Cir. 2013), addresses the complex interplay between the...
Fourth Circuit Establishes Limits on Residual Clause for Crimes Involving Minimal Physical Contact

Fourth Circuit Establishes Limits on Residual Clause for Crimes Involving Minimal Physical Contact

Date: Aug 14, 2013
Fourth Circuit Establishes Limits on Residual Clause for Crimes Involving Minimal Physical Contact Introduction In the case of United States of America v. Jolon Devon Carthorne, Sr., the United...
Qualified Immunity Affirmed in Fourth Amendment Seizure Based on Civil Immigration Warrant

Qualified Immunity Affirmed in Fourth Amendment Seizure Based on Civil Immigration Warrant

Date: Aug 8, 2013
Qualified Immunity Affirmed in Fourth Amendment Seizure Based on Civil Immigration Warrant Introduction In the case of Roxana Orellana Santos v. Frederick County Board of Commissioners, the United...
Deliberate Indifference in Prison Healthcare: Insights from King v. United States

Deliberate Indifference in Prison Healthcare: Insights from King v. United States

Date: Aug 1, 2013
Deliberate Indifference in Prison Healthcare: Insights from King v. United States Introduction King v. United States is a significant case decided by the United States Court of Appeals for the Fourth...
Fourth Circuit Affirms TCPA's Applicability to Political Robocalls

Fourth Circuit Affirms TCPA's Applicability to Political Robocalls

Date: Jul 30, 2013
Fourth Circuit Affirms TCPA's Applicability to Political Robocalls Introduction In the case of State of Maryland, Office of the Attorney General v. Universal Elections, Inc.; Julius Henson, decided...
Asserting Waiver of State-Litigation Requirement: Sansotta v. Town of Nags Head

Asserting Waiver of State-Litigation Requirement: Sansotta v. Town of Nags Head

Date: Jul 26, 2013
Asserting Waiver of State-Litigation Requirement: Sansotta v. Town of Nags Head Introduction In Trustee Roc F. Sansotta, Trustee and Executor for Estate of Father Joseph Klaus; Roc F. Sansotta,...
Federal Preemption in Immigration Law: Analysis of United States v. South Carolina

Federal Preemption in Immigration Law: Analysis of United States v. South Carolina

Date: Jul 24, 2013
Federal Preemption in Immigration Law: Analysis of United States v. South Carolina Introduction In the landmark case United States of America v. State of South Carolina; Nikki Haley, the United...
Establishing Parameters for Ineffective Assistance of Counsel in Eyewitness Identification: Analysis of Moore v. Hardee

Establishing Parameters for Ineffective Assistance of Counsel in Eyewitness Identification: Analysis of Moore v. Hardee

Date: Jul 23, 2013
Establishing Parameters for Ineffective Assistance of Counsel in Eyewitness Identification: Analysis of Moore v. Hardee Introduction Thomas Moore, Jr., Petitioner-Appellee, v. Michael A. Hardee;...
Fourth Circuit Establishes Validity of Electronic Copyright Assignments within Automated Database Registrations

Fourth Circuit Establishes Validity of Electronic Copyright Assignments within Automated Database Registrations

Date: Jul 18, 2013
Fourth Circuit Establishes Validity of Electronic Copyright Assignments within Automated Database Registrations Introduction In the landmark case of Metropolitan Regional Information Systems, Inc. v....
Balancing Pleading Standards: Insights from Sundersingh Bala v. Commonwealth of Virginia DCR

Balancing Pleading Standards: Insights from Sundersingh Bala v. Commonwealth of Virginia DCR

Date: Jul 6, 2013
Balancing Pleading Standards: Insights from Sundersingh Bala v. Commonwealth of Virginia DCR Introduction The case of Sundersingh Bala v. Commonwealth of Virginia Department of Conservation and...
Enforcement of Fair Housing Act: Landmark Decision in Corey v. HUD

Enforcement of Fair Housing Act: Landmark Decision in Corey v. HUD

Date: Jul 6, 2013
Enforcement of Fair Housing Act: Landmark Decision in Corey v. HUD Introduction The case of Michael Corey v. The Secretary, United States Department of Housing & Urban Development represents a...
CentrO TEPEYAC v. MONTGOMERY COUNTY: Upholding First Amendment Rights in Compelled Speech

CentrO TEPEYAC v. MONTGOMERY COUNTY: Upholding First Amendment Rights in Compelled Speech

Date: Jul 4, 2013
CentrO TEPEYAC v. MONTGOMERY COUNTY: Upholding First Amendment Rights in Compelled Speech Introduction In the landmark case CentrO TEPEYAC v. MONTGOMERY COUNTY, the United States Court of Appeals for...
4th Circuit Emphasizes Importance of Discovery in First Amendment Summary Judgment Cases: Baltimore Ordinance Challenge Remanded

4th Circuit Emphasizes Importance of Discovery in First Amendment Summary Judgment Cases: Baltimore Ordinance Challenge Remanded

Date: Jul 4, 2013
4th Circuit Emphasizes Importance of Discovery in First Amendment Summary Judgment Cases: Baltimore Ordinance Challenge Remanded Introduction In the landmark case Greater Baltimore Center for...
Ranta v. Gorman: Dual Role of Social Security Income in Chapter 13 Bankruptcy

Ranta v. Gorman: Dual Role of Social Security Income in Chapter 13 Bankruptcy

Date: Jul 2, 2013
Ranta v. Gorman: Dual Role of Social Security Income in Chapter 13 Bankruptcy Introduction Ranta v. Gorman, 721 F.3d 241 (4th Cir. 2013) is a pivotal case in bankruptcy law that addresses the nuanced...
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