23Oct

Fourth Circuit Affirms Conviction in Unlawful Receipt of Government Benefits Case

By: Kristina Wilson On Friday, October 21, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Wharton. The Fourth Circuit affirmed the District Court’s conviction of the defendant for conspiracy, making a false statement, theft, and embezzlement, all in connection with her unlawful receipt of government benefits. On appeal, the […]

12Apr

Fourth Circuit Vacates Federal Carjacking Conviction

Categories: 4th Cir. Blog Criminal Cases

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By George Kennedy On April 12, 2016, the Fourth Circuit issued its published opinion in the case of United States v. Bailey. The Fourth Circuit vacated a conviction for carjacking in violation of 18 U.S.C. § 2119, finding there was insufficient evidence to establish that Defendant had the specific intent necessary to sustain a federal […]

Tags: Criminal Law Criminal Procedure

30Mar

Fourth Circuit Refuses to Prosecute Juvenile as an Adult

Categories: 4th Cir. Blog Criminal Cases

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By Malorie Letcavage On March 30, 2016, the Fourth Circuit released its published opinion in the criminal case of U.S. v. Under Seal Defendant. The Defendant was a juvenile and federal law prohibits the public release of that juvenile’s name in association with the proceedings, so the juvenile was referred to as Defendant. Defendant was […]

Tags: Criminal Law Juveniles Mandatory sentence Sentencing unconstitutional

15Mar

In Employer-Union Dispute, Fourth Circuit Affirms the Order of the National Labor Relations Board

Categories: 4th Cir. Blog Criminal Cases

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By George Kennedy On March 15, 2016, the Fourth Circuit issued its amended published opinion in the case of Pac Tell Group, Inc. v. National Labor Relations Board. The Fourth Circuit held that the decision of the National Labor Relations Board [“the NLRB”] over a dispute between an employer and the union representing its employees […]

Tags: Administrative Law

15Mar

No Abuse of Discretion in Relation to Heroin Distribution Conviction

Categories: 4th Cir. Blog Criminal Cases

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By Taylor Anderson On March 7, 2016, the Fourth Circuit issued its published opinion regarding the criminal case United States v. Alvarado. Jean Paul Alvarado (“Appellant”) appealed his conviction of knowingly and intentionally distributing heroin to Eric Thomas (“Thomas”) with Thomas’ death resulting from the use of the heroin so distributed, in violation of 21 […]

Tags: Hearsay Jury Instructions Plain Error

13Mar

Fourth Circuit Holds that Attorney Who Slept Through Substantial Portion of Defendant’s Trial Violated Sixth Amendment Right to Counsel

Categories: 4th Cir. Blog Criminal Cases

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By Sarah Walton On March 11, 2016, the Fourth Circuit issued a published opinion in the criminal case of United States v. Ragin. The Fourth Circuit vacated the district court’s decision, holding that Ragin was deprived of his Sixth Amendment right to counsel when his attorney slept for a substantial portion of his trial. The […]

Tags: 28 U.S.C. § 2255 Ineffective Assistance Sixth Amendment

11Mar

Statutory Interpretation: The Plain Meaning of 18 U.S.C. § 921(a)(20) Requires the Court to Look at the Law at the Time Defendant’s Civil Rights Were Restored

Categories: 4th Cir. Blog Criminal Cases

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By Taylor Ey On March 8, 2016, the Fourth Circuit issued its published opinion in the criminal case of United States v. Burleson, reversing the district court’s decision. At the trial court, in 2013, Defendant Arnold Burleson pled guilty to the crime of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g). […]

Tags: 28 U.S.C. § 2255 Firearms Plain meaning statutory interpretation

2Mar

Fourth Circuit Reexamines the Mens Rea Requirement for Interstate Threats

Categories: 4th Cir. Blog Criminal Cases

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By Eric Benedict On January 7, 2016, the Fourth Circuit released its published decision in the criminal case, United States v. White. In White, the Fourth Circuit was called on to review William White’s (“White”) conviction for transmitting threats and committing extortion in foreign commerce. Due to a development in Supreme Court precedent, the court […]

Tags: alimony Criminal Law Interstate Commerce Mens Rea threat

1Mar

In Death Penalty Case, Fourth Circuit Affirms Denial of Defendant’s Petition for a Writ of Habeas Corpus

Categories: 4th Cir. Blog Criminal Cases

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By George Kennedy On November 25, 2015, the Fourth Circuit issued its published opinion in the criminal case of Gray v. Zook. The Fourth Circuit affirmed the order of the district court, which denied Defendant’s petition for a writ of habeas corpus. Defendant’s Crimes and Death Sentence Defendant Ricky Jovan Gray confessed to murdering Bryan […]

Tags: Criminal Law Death Penalty

29Feb

Fourth Circuit Analyzes Innocence Protection Act’s “Timeliness” Requirement

Categories: 4th Cir. Blog Criminal Cases

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By Taylor Anderson On February 29, 2016, the Fourth Circuit issued its published opinion regarding the criminal case United States v. Cowley. Shane Cowley (“Appellant”) appealed the district court’s denial of his motion seeking post-conviction DNA testing pursuant to the Innocence Protection Act (“IPA”). The Fourth Circuit affirmed the denial of Appellant’s motion, holding that […]

Tags: motion

26Feb

Fourth Circuit Vacates District Court’s Traffic Stop Decision

Categories: 4th Cir. Blog Criminal Cases

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By Cate Berenato On December 14, 2015, in the published case United States v. Williams, the Fourth Circuit overturned the United States District Court for the Middle District of North Carolina’s decision not to suppress evidence police obtained from a search of a car. The Fourth Circuit stated that the Government did not prove that […]

Tags: Criminal Law

23Feb

Fourth Circuit Vacates Decision Dismissing Defendant’s Motion to Suppress Evidence Unlawfully Obtained in Violation of the Fourth Amendment

Categories: 4th Cir. Blog Criminal Cases

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By Taylor Ey Anonymous Tip to Police, Pretextual Traffic Stop, and Subsequent Frisk Today, the Fourth Circuit issued its published in the criminal case of United States v. Robinson, deciding 2-1, the Court reversed and vacated the decision of District Court of the Northern District of West Virginia, holding that Defendant Robinson’s motion to suppress evidence […]

Tags: Fourth Amendment Lawful concealed carry Terry search West Virginia

Fourth Circuit Affirms Conviction in Unlawful Receipt of Government Benefits Case

Fourth Circuit Vacates Federal Carjacking Conviction

Fourth Circuit Refuses to Prosecute Juvenile as an Adult

In Employer-Union Dispute, Fourth Circuit Affirms the Order of the National Labor Relations Board

No Abuse of Discretion in Relation to Heroin Distribution Conviction

Fourth Circuit Holds that Attorney Who Slept Through Substantial Portion of Defendant’s Trial Violated Sixth Amendment Right to Counsel

Statutory Interpretation: The Plain Meaning of 18 U.S.C. § 921(a)(20) Requires the Court to Look at the Law at the Time Defendant’s Civil Rights Were Restored

Fourth Circuit Reexamines the Mens Rea Requirement for Interstate Threats

In Death Penalty Case, Fourth Circuit Affirms Denial of Defendant’s Petition for a Writ of Habeas Corpus

Fourth Circuit Analyzes Innocence Protection Act’s “Timeliness” Requirement

Fourth Circuit Vacates District Court’s Traffic Stop Decision

Fourth Circuit Vacates Decision Dismissing Defendant’s Motion to Suppress Evidence Unlawfully Obtained in Violation of the Fourth Amendment

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