Firearm ‘Pointing’ is ‘Crime of Violence’

‘Anonymous’ Jury Use Approved in Murder Trial

By Deborah Elkins
Published: August 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Barbara Milano Keenan

Using an ‘anonymous’ jury whose biographical information has been withheld from defense lawyers and defendants accused of drug-trafficking and murder of government witnesses is not a reason to overturn their convictions; the 4th Circuit follows decisions by its sister circuits and provides guidelines for use of anonymous juries. Among the several issues presented in this [...]

No Civil Commitment for Obscene Caller

By Deborah Elkins
Published: July 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Barbara Milano Keenan

A man with an extensive history of making obscene phone calls threatening women with sexual violence, but who has not made such a call since 2003, will not be civilly committed as a sexually dangerous individual under 18 U.S.C. § 4248; the 4th Circuit rejects the government’s claim that the district court made an “abstract [...]

Restitution Order for Child Porn Victim Remanded

By Deborah Elkins
Published: July 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Barbara Milano Keenan

The 4th Circuit affirms defendant’s conviction of receipt and possession of child pornography, but vacates a restitution order requiring defendant to pay $305,220 to “Vicki,” an identified victim; the district court did not make specific findings regarding the elements of restitution, as required under the Mandatory Restitution for Sexual Exploitation of Children Act, 18 U.S.C. [...]

No RICO Claim for ‘Illegal’ Poultry-Plant Hires

By Deborah Elkins
Published: July 11, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Barbara Milano Keenan, Labor

A group of hourly-wage employees at Perdue poultry processing plants have not stated a civil conspiracy claim under the Racketeer Influenced and Corrupt Organizations Act against the company with allegations that company personnel conspired to hire illegal aliens in order to depress wages paid to all hourly employees; the 4th Circuit says plaintiffs did not [...]

Buyers’ ‘Improper Fees’ Claim Time-Barred

By Deborah Elkins
Published: June 11, 2012
Tags: 4th U.S. Circuit Court of Appeals, Consumer Protection, Judge Barbara Milano Keenan

A West Virginia consumer credit statute’s one-year statute of limitations, which runs from the “due date of the last scheduled payment of the agreement,” started on the date the lender accelerated the borrower’s mortgage loan, not on the 2030 loan maturity date designated in the loan documents, and the 4th Circuit upholds the district court’s [...]

Arbitration Question Certified to W.Va. Court

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Barbara Milano Keenan

In this contract dispute with a builder, a new-home buyer says the contract’s arbitration clause is not enforceable because it allows the builder to sue for certain kinds of disputes, but the buyer is forced to arbitrate all disputes; the 4th Circuit certifies to the West Virginia high court a question about the enforceability of [...]

Prior ‘Bad Acts’ Evidence Inadmissible

By Deborah Elkins
Published: April 27, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Barbara Milano Keenan

Police had a reasonable articulable suspicion to detain defendant’s truck after a traffic stop, based on an experienced officer’s observations of defendant’s contacts with others at the site of a club known for drug activity, but the trial court erred reversibly in admitting prior “bad act” evidence, the 4th Circuit says. Defendant argues the authorities [...]

‘Cockfighting’ Statute Constitutional, Court Says

By Deborah Elkins
Published: April 27, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Barbara Milano Keenan

A federal statute that allows participation in “gamefowl derbies,” or “cockfighting” is not an unconstitutional extension of congressional power under the Commerce Clause, and the 4th Circuit upholds defendants’ convictions under the statute 7 U.S.C. § 2156. Defendant argues that animal fighting is inherently an intrastate activity that has no substantial effect on interstate commerce [...]

Juror’s Wikipedia Use Means New Trial

By Deborah Elkins
Published: April 27, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Barbara Milano Keenan

A juror’s use of Wikipedia to research an element of a criminal offense violated defendant’s right to a fair trial on illegal “cockfighting” charges, and the 4th Circuit vacates defendant’s conviction for violating an animal fighting statute, 7 U.S.C. § 2156(a), and conspiracy convictions of defendants related solely to the animal fighting activities. The panel [...]