Tag Archives: 4th Circuit

Judge Gergel’s Decision in Condon v. Haley

Judge Richard Gergel of the United States District Court of South Carolina (Charleston) handed down a decision this morning in Condon v. Haley, declaring S.C. Code Sections 20-1-10 and 20-1-15 and S.C. Const. Art. XVII Section 15 to unconstitutionally infringe … Continue reading

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March 19, 2012 4th Circuit published opinion

New Cingular Wireless PCS, LLC v The Fairfax County Board of Supervisors Plaintiff field a zoning petition to allow it to install an 88 foot tower in a residential neighborhood to allow it to provide service to customers passing in … Continue reading

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March 6, 2012 4th Circuit published order

United States v Foster The full 4th Circuit split 7-7 on a request for en banc review thus denying review of a split panel decision which held the proper names of two businesses sufficient under the circumstances to trigger a … Continue reading

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March 5, 2012 4th Circuit Published opinion

Lefemine v Wideman Antiabortion protestors used graphic pictures during a roadside protest. The defendant law enforcement officers ordered them to put away the pictures. The protestors sued for injunctive relief and damages. The district court held the defendants were qualifiedly … Continue reading

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February 29, 2012 4th Circuit published opinions

United States v Holmes The defendant committed two acts of child sexual abuse while an active duty Air Force officer. He confessed during an interview with Air Force investigators. On appeal, he argued that his statements should have been suppressed … Continue reading

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February 27, 2012 4th Circuit Published Opinions

United States v Boykin The defendant was convicted of firearm possession by a convicted felon. The sentencing court accepted the presentence report account of the defendant’s convictions for murder and assault to find they were separate crimes for career criminal … Continue reading

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February 17, 2012 4th Circuit published opinions

Shenandoah Valley Network v Capka United States and Virginia transportation officials approved  a widening approach to relieve congestion on I-81. environmental groups sued arguing that the approval eliminated site specific challenges. The agencies stipulated that site specific challenges would be reviewed. The panel held no live … Continue reading

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February 16, 2012 4th Ciruit published opinions

Wachovia Securities, LLC v Brand Wachovia brought an arbitration claim against Brand and three other former employees who had joined a rival financial advising firm. The arbitrators awarded attorney fees under South Carolina’s frivolous civil action statute and wage and hour … Continue reading

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February 9, 20102 4th Circuit Published Opinions

McDaniel v. Blust The panel held that allegations that a bankruptcy trustee used false corporate tax returns and wrongfully obtained and retained personal tax returns were barred as the plaintiff failed to obtain permission from the appointing bankruptcy judge prior … Continue reading

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February 6, 2012 4th Circuit published opinions

Richardson v. Branker In this death penalty habeas case, the panel held that North Carolina state court holdings on issues of ineffective assistance based on an age mitigation jury instruction, Brady violations and mental retardation were entitled to deference. The … Continue reading

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