U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

April 2012 Archives

SCOTUS Upholds 4th Circuit Opinion on Son of Boss Case

The U.S. Supreme Court sided with taxpayers this week on a case out of the Fourth Circuit Court of Appeals.

The case, U.S. v. Home Concrete & Supply, LLC, was one of the notorious “Son-of-Boss” cases.

Fourth Circuit Dismisses Convictions for Juror's Use of Wikipedia

Who knew that Wikipedia would become a problem for the U.S. Courts of Appeal?

Last Friday, the Fourth Circuit Court of Appeals overturned convictions in a case due to the fact that a juror used Wikipedia to educate himself on the elements of the crime. The judge cited several other appeals cases where the credibility of Wikipedia had come into question.

Stephanie Thacker Confirmed to Fourth Circuit Court of Appeals (Video)

Big news from the Senate this week: Stephanie Dawn Thacker has been confirmed as a judge for the Fourth Circuit Court of Appeals, writes The Hill.

Thacker was nominated by President Barack Obama in September 2011 to fill the vacancy left by the death of Judge M. Blane Michael earlier that year. She was nominated upon recommendation by Senator Jay Rockefeller, who praised her humility and intellectual honesty this week at her confirmation.

Making the Oral Argument in the Fourth Circuit Court of Appeals

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.

Court Elaborates Proper Test for Career Offender

What is a “career offender” and how easy is it to overturn a that determination?

The Fourth Circuit Court of Appeals recently addressed this issue and vacated a lower court judgment, ordering the district court to have another go at it.

The defendant, Darryl Lee Johnson, was ruled a career offender and was sentenced to one hundred and fifty one months in prison. He pled guilty to drug charges, namely the possession of heroin with the intent to distribute.

While Johnson did not dispute his conviction, he did dispute his sentence.

Rosetta Stone v. Google Trademark Case Headed Back to Court

If you’ve ever used Google’s Adwords, you’ll understand the significance of this case. The Fourth Circuit Court of Appeals on Monday revived parts of a lawsuit by Rosetta Stone against Google for trademark infringement.

The lawsuit alleged that Google was infringing on Rosetta Stone’s trademarks when the Internet giant sold the marks to third-party advertisers for use as search keywords, the Chicago Tribune reports.

New Procedures for Attorney Fees in Capital Punishment Cases

On January 4, 2012, the U.S. Court of Appeals for the Fourth Circuit issued a Notice of Special Procedures for Reviewing Attorney Compensation Requests in Death Penalty Cases.

The Judicial Council of the Fourth Circuit adopted certain amendments to the existing procedures for reviewing attorney compensation requests in federal capital prosecutions. Specifically, they added that requests for compensation in amounts over $100,000 per attorney would be presumed excessive at the district court level, if made in connection with a federal capital prosecution. Similarly, amounts in excess of $50,000 at the appellate level are presumed excessive.

Court Upholds Newport News Cop's Section 1983 Challenge

The Fourth Circuit Court of Appeals affirmed in part and reversed in part a case involving the dismissal of a police officer’s claim under 42 U.S.C. 1983 after he was reinstated by the Police Department.

Cory Hall was fired by the Newport News Police Department in 2006, when he was charged with improper procedure, untruthfulness during the course of an investigation, excessive use of force, and improper or unlawful arrest. After appealing his discharge, he was reinstated when three of the four disciplinary charges were dropped.