Wake Forest Law Review

24Oct

Fourth Circuit Affirms that Subjective Recklessness is Required for an Eighth Amendment Claim

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By: David Darr Today, in Bradford v. Clem, the Fourth Circuit affirmed the District Court for the District of Maryland’s decision to order summary judgment in favor of the defendants on the plaintiff’s Eighth Amendment claims. Eighth Amendment Violation? At issue in this case was whether an Eighth Amendment claim for “unnecessary and wanton infliction […]

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24Oct

Wrongful Termination Lawsuit by Injured Employee Fails

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By: Michael Klotz In Sledge v. Graphic Packaging International Inc., the Fourth Court affirmed the lower court decision awarding summary judgment to the Defendant, a custom packing products manufacturer, on both claims in a wrongful termination lawsuit. Ms. Sledge, a former employee, alleged that the Defendant violated the North Carolina Retaliatory Discrimination Act (“NCRDA”) and […]

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23Oct

Fourth Circuit Affirms Decision to Classify Individual as an Armed Career Criminal

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By:  Steven M. Franklin Yesterday, in U.S. v. Fikes, the Fourth Circuit affirmed the decision by the District Court for the Middle District of North Carolina to classify Mr. Kevin Fikes, Jr., as an armed career criminal. What Happened? Mr. Fikes pleaded guilty to possession of a firearm by a felon in violation of 18 […]

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23Oct

Denial of Declaratory Judgment in Title VII Case Affirmed

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By Evelyn Norton Did the District Court Abuse its Discretion in Denying Appellant’s Motions? In Pitrolo v. County of Buncombe, NC, Plaintiff-Appellant Melanie Pitrolo claimed that the district court abused its discretion in denying each of her post-trial motions.  In its October 1, 2012 order the district court denied Appellant’s motion for attorney’s fees and […]

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22Oct

City Waived Governmental Immunity in Contract with Police and Fire

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By: Andrew Kilpinen Today in Davis v. City of Greensboro, the 4th Circuit found jurisdiction to hear an appeal, and ultimately affirmed a district court order rejecting the City of Greensboro’s governmental immunity defense in a breach of contract dispute over wage pay. Current and retired Greensboro police officers and firefighters brought multiple suits against […]

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22Oct

Fourth Circuit Holds Improper Evidence Was Harmless Error

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By Joshua P. Bussen  Issues Raised by the Defendant  Today, in U.S. v. Briley, the Fourth Circuit addressed two issues. First, whether assault is a required element of the “physical contact” provision of 18 U.S.C. § 111; and second, whether Federal Rule of Evidence 404(b) excludes prior “bad act” evidence where the two acts in question […]

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21Oct

Fourth Circuit Dismisses Sentencing Appeal as Moot

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By: Caroline Daniel Is a Defendant’s Sentence Appealable if He is Released While the Appeal is Pending? A defendant’s sentence is not necessarily appealable if he is released while the appeal is pending. Today, in United States v. Duane McAtee, the Fourth Circuit dismissed the Defendant’s appeal of his six month conviction as moot.  Duane McAtee […]

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21Oct

District Court Has Discretion to Ratchet Up Repeat Offender’s Sentence

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By Chad M. Zimlich Today, in United States v. Locklear, the Fourth Circuit, finding no error, affirmed the district court’s sentencing of Clifton Kelly Locklear to 100 months of imprisonment. Whether a Sentence Forty-three Months Above the Guidelines Is an Abuse of Discretion The only issue on this appeal was whether or not the District […]

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20Oct

Health Care Fraud Conspiracy Conviction Affirmed

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By Dan Menken Today in United States v. Garnes, the Fourth Circuit affirmed the conviction of Charlotte Elizabeth Garnes for conspiracy to commit health care fraud, obstruction of an official proceeding, and ten counts of making a false statement relating to a health care benefit program. Defendant Raises Three Claims Challenging the Conviction and Sentence […]

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20Oct

Fourth Circuit Affirms Marijuana Conviction and Denial of Safety Valve

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By: Diana C. Castro Today, in United States v. Ornis Leger, the Fourth Circuit affirmed the decision of the District Court for the Western District of North Carolina convicting the defendant of two counts of drug-related offenses. Defendant Contends Insufficient Evidence and Improper Denial of Safety Valve. On appeal, the defendant contended two issues: (1) there […]

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17Oct

Imprisonment Sentencing After a Revocation of A Supervised Release

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By: Kaitlin Price In United States v. Kessinger, the Defendant appealed the district court’s issuance of a six-month sentence of imprisonment imposed after revocation of his supervised release. The Defendant questioned whether the Defendant’s sentence is plainly unreasonable. The Fourth Circuit affirmed the district court’s sentence. District courts are given a broad discretion in imposing […]

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17Oct

Failure to Register as a Sex Offender is Not a Crime of Moral Turpitude

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By Lauren Durr Emery In Khalid Mohamed v. Eric Holder, Jr., the Fourth Circuit reversed a Board of Immigration Appeals (“BIA”) decision which ordered Mohamed’s removal from the country.  The BIA decision was based on Mohamed’s 2010 conviction for sexual battery and his 2011 conviction for failing to register as a sex offender. Under  U.S.C. § […]

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