Recently in Court Rules Category

Like it or not, the world is becoming paperless. Email killed snail-mail years ago, e-books are slowly eroding the demand for paperbacks (though the ridiculously high prices of e-books are slowing that change), and like it or not, court opinions are moving wholly online as well.

Yep, the courts are catching up to WestLaw. After all, who uses hardback reporters anyway? My volumes of Supreme Court Lawyers' Edition are about 15 years out-of-date and only exist to make me look smart (and compliment my office motif).

Be forewarned: the following discussion of civil asset forfeiture, statutes of limitations, and subject matter jurisdiction is so inherently intriguing that it may present a hazard to your health.

Donald Wilson is a drug trafficker. It's not much of a profession, but he made a living, at least until the feds stepped in. Adding insult to injury, the government filed a civil forfeiture proceeding against $13,963 that was seized from Wilson in October 2006. Unfortunately for all of us, they filed their action late, leading to years of litigation over the funds.

Robert Peoples is going to have to learn some respect. Down in the Fourth Circuit, the legal profession is still held in high regard. There is a certain decorum that is expected of all those who step foot in the hallowed halls of a mid-Atlantic courtroom.

Peoples was pressing multiple claims against prison officials due to his treatment while he was a guest of the state. After he showed up late during jury selection, Judge Cameron McGowan Currie warned him to be on time. He was late on the first day of trial. Judge Currie stated that next time, his claims would be dismissed with prejudice.

Hire Order, Ltd, and Robert Privott, are both good ol' boys and good boys. These two entities, which operate federally-licensed gun shops in Virginia and North Carolina, follow the law to perfection. That law, however, prevents these two licensed dealers from selling guns to each other at a gun show.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives' predecessor issued Revenue Ruling 69-59 in 1969. This ruling essentially stated that holders of federal firearms licenses could not sell guns at any location outside of their licensed premises, including gun shows. In 1986, the Firearms Owners' Protection Act amended the law to state that sales could occur at gun shows in the same state as the licensed premises. The ATF's 1969 ruling continues to bar out-of-state gun show sales.

Remember those proposed changes to the Fourth Circuit Court of Appeals local rules that we mentioned in August? They're official, final, and effective today.

It just got real, people.

It's fun to make jokes about judges behaving badly, but judicial misconduct is no joking matter.

Occasionally, a judge crosses a line and warrants reprimand. That's why Congress instituted a judicial misconduct reporting procedure in 1980. Under the Judicial Conduct and Disability Act, anyone can file a complaint in court to report a federal judge's bad behavior.

It seems that Thomas Liotti was pretty peeved after the Fourth Circuit Court of Appeals admonished him in December for five different charges of attorney misconduct.

Some attorneys might have picked up a pint of ice cream, curled up in pajamas, and watched some reality TV to cope with appellate admonishment.

Liotti, on the other hand, filed a petition of certiorari, asking the Supreme Court to benchslap the Fourth Circuit for benchslapping him.

The rules are changing.

The Fourth Circuit Court of Appeals announced two proposed rule changes on Monday, one of which will cost appellate practitioners more money.

The affected rules are Local Rule 41(a) and Local Rule 46(b).

In 2010, over 20 members of the Outlaws motorcycle gang were indicted for conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) and several other offenses. Five of the convicted Outlaws appealed their convictions, claiming they should have had been able to cross-examine government witnesses on their backgrounds.

The Fourth Circuit Court of Appeals affirmed the convictions in the Outlaws' RICO appeal this week, finding that the district court made a reasonable call on the questioning under Federal Rule of Evidence (FRE) 608.

So, you want to argue your case before the Fourth Circuit Court of Appeals.

The opportunity to present oral arguments isn’t granted liberally. Here’s what you need to know about presenting oral arguments before the Fourth Circuit Court of Appeals.