4th Circuit Case Commentaries

Fourth Circuit Establishes §2244(b)(3) Authorization Requirement for Habeas Petitions Challenging Sentence Execution Under §2254

Date: Jun 22, 2016

Fourth Circuit Establishes §2244(b)(3) Authorization Requirement for Habeas Petitions Challenging Sentence Execution Under §2254 Introduction In the case In re: Terrence Leroy Wright (826 F.3d 774),...

Fourth Circuit Reinforces Function-by-Function Analysis Requirement in RFC Assessments: Monroe v. Colvin

Date: Jun 17, 2016

Fourth Circuit Reinforces Function-by-Function Analysis Requirement in RFC Assessments: Monroe v. Colvin Introduction In the case of George G. Monroe, Plaintiff–Appellant v. Carolyn W. Colvin, Acting...

Monroe v. Colvin: Reinforcing the Necessity of Function-by-Function Analysis in Social Security Disability Determinations

Date: Jun 17, 2016

Monroe v. Colvin: Reinforcing the Necessity of Function-by-Function Analysis in Social Security Disability Determinations Introduction Monroe v. Colvin, 826 F.3d 176 (4th Cir. 2016), addresses the...

4th Circuit Sets Precedent for Successive §2255 Petitions Following Johnson Decision

Date: Jun 9, 2016

4th Circuit Sets Precedent for Successive §2255 Petitions Following Johnson Decision Introduction In In re: Creadell Hubbard, Movant, 825 F.3d 225 (4th Cir. 2016), the United States Court of Appeals...

Enhanced Constitutional Protections for Inmates: Insights from King v. Rubenstein

Date: Jun 8, 2016

Enhanced Constitutional Protections for Inmates: Insights from King v. Rubenstein Introduction King v. Rubenstein (825 F.3d 206, 4th Cir. 2016) is a pivotal case that underscores the extent of...

Enhanced Protections for Inmate Bodily Integrity: King v. Rubenstein

Date: Jun 8, 2016

Enhanced Protections for Inmate Bodily Integrity: King v. Rubenstein Introduction In the case of Adrian F. King, Jr. v. Jim Rubenstein, Commissioner, et al., adjudicated by the United States Court of...

Fourth Amendment and the Third-Party Doctrine: Reinforcement in United States v. Graham

Date: Jun 1, 2016

Fourth Amendment and the Third-Party Doctrine: Reinforcement in United States v. Graham Introduction United States v. Graham is a landmark case adjudicated by the United States Court of Appeals for...

Affirmation of Summary Judgment in ADEA Retaliation Claim: Buchhagen v. ICF International

Date: Jun 1, 2016

Affirmation of Summary Judgment in ADEA Retaliation Claim: Buchhagen v. ICF International Introduction Buchhagen v. ICF International, Inc.; ICF Z-Tech Inc. is a pivotal case adjudicated by the...

Sovereign Immunity and Defamation in Academic Evaluations: Kerr v. Marshall University

Date: May 25, 2016

Sovereign Immunity and Defamation in Academic Evaluations: Kerr v. Marshall University Introduction Kerr v. Marshall University Board of Governors is a significant case adjudicated by the United...

Affirmation of Qualified Immunity and Probable Cause Standards in Mental Health Seizures: Goines v. Valley Community Services Board

Date: May 10, 2016

Affirmation of Qualified Immunity and Probable Cause Standards in Mental Health Seizures: Goines v. Valley Community Services Board Introduction In the case of Gordon Goines v. Valley Community...

Fourth Circuit Limits the 'Exhibit Prevails' Doctrine in §1983 Motions to Dismiss and Revisits Qualified Immunity Standards

Date: May 10, 2016

Fourth Circuit Limits the 'Exhibit Prevails' Doctrine in §1983 Motions to Dismiss and Revisits Qualified Immunity Standards Introduction In the case of Gordon Goines v. Valley Community Services...

Clarifying the Scope of SORNA: Interstate Domestic Violence and Sex Offender Registration

Date: May 6, 2016

Clarifying the Scope of SORNA: Interstate Domestic Violence and Sex Offender Registration Introduction In the case of UNITED STATES of America v. Thomas Earl Faulls, Sr., the United States Court of...

Nicolas v. Attorney General of Maryland: Deference in Brady Materiality Under AEDPA

Date: Apr 28, 2016

Nicolas v. Attorney General of Maryland: Deference in Brady Materiality Under AEDPA Introduction Richard A. Nicolas was convicted in 1997 for the murder of his two-year-old daughter, Aja Nicolas, in...

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. Palmer

Date: Apr 22, 2016

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. Palmer Introduction The case of United States of America v. Michael Jerome Palmer, adjudicated by the United States Court of...

Deliberate Indifference Standard Confirmed for §504 Claims in School-Related Student Harassment Cases

Date: Apr 9, 2016

Deliberate Indifference Standard Confirmed for §504 Claims in School-Related Student Harassment Cases Introduction The case of S.B. v. Board of Education of Harford County emerged from severe...

Enforceability of Arbitration Agreements in Consumer Loan Contracts: Insights from Galloway v. Santander Consumer USA, Inc.

Date: Apr 9, 2016

Enforceability of Arbitration Agreements in Consumer Loan Contracts: Insights from Galloway v. Santander Consumer USA, Inc. Introduction The case of Jacqueline Galloway v. Santander Consumer USA,...

Ensuring Rigorous Conflict Resolution Between Vocational Expert Testimony and DOT in SSA Disability Appeals

Date: Apr 6, 2016

Ensuring Rigorous Conflict Resolution Between Vocational Expert Testimony and DOT in SSA Disability Appeals Introduction In Jonathan Eugene Henderson v. Carolyn W. Colvin, the United States Court of...

Clarifying Qualified Immunity in Excessive Force Cases: Fourth Circuit Upholds Denial in Yates v. Terry

Date: Apr 1, 2016

Clarifying Qualified Immunity in Excessive Force Cases: Fourth Circuit Upholds Denial in Yates v. Terry Introduction The case of Brian Knite Yates v. Christopher Blair Terry presents a significant...

Affirming Armed Bank Robbery as a "Crime of Violence" under 18 U.S.C. § 924(c) in United States v. McNeal

Date: Mar 29, 2016

Affirming Armed Bank Robbery as a "Crime of Violence" under 18 U.S.C. § 924(c) in United States v. McNeal Introduction In the case of United States of America v. James Larry McNeal and Alphonso...

Fourth Circuit Upholds 'Crime of Violence' Classification for Armed Bank Robbery under 18 U.S.C. § 924(c)(3)

Date: Mar 29, 2016

Fourth Circuit Upholds 'Crime of Violence' Classification for Armed Bank Robbery under 18 U.S.C. § 924(c)(3) Introduction The case of United States of America v. James Larry McNeal and Alphonso...