Salvage Auto Site Shutdown Upheld 
By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Clyde H. Hamilton, Zoning
A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for shutting down the [...]
Gun Ban for Domestic Violence Upheld
By Deborah Elkins
Published: January 12, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Clyde H. Hamilton
In its second decision in a month, the 4th Circuit upholds the federal statute making gun possession by a person convicted of misdemeanor domestic violence against defendant’s as-applied constitutional challenge; social science reports about recidivism among persons arrested for domestic violence and the frequency of gun violence support the federal gun statute under intermediate scrutiny [...]
Enhanced Sentence OK for Bank Teller Restraint
By Deborah Elkins
Published: December 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Clyde H. Hamilton
A defendant who used a gun when he ordered two bank tellers to the floor as he and another robber fled the bank gets a two-level sentence enhancement for physical restraint to facilitate escape, and the 4th Circuit upholds defendant’s 90-month sentence. Defendant contends the two bank tellers ordered to the floor at gunpoint were [...]
Gun Ban for Domestic Violence Upheld
By Deborah Elkins
Published: December 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Clyde H. Hamilton
The 4th Circuit upholds the federal statute making gun possession by a person convicted of misdemeanor domestic violence against defendant’s as-applied constitutional challenge; social science reports about recidivism among persons arrested for domestic violence and the frequency of gun violence support the federal gun statute under intermediate scrutiny review, the 4th Circuit says. We review [...]
Appeals court hears Rosetta Stone trademark case against Google
By Deborah Elkins
Published: September 22, 2011
Tags: Federal Courts, Intellectual Property, Judge Barbara Milano Keenan, Judge Clyde H. Hamilton, Judge Gerald Bruce Lee, Judge William B. Traxler Jr.
Language-learning company Rosetta Stone took on internet industry giant Google today, as a federal appeals court in Richmond heard argument in a case closely watched by online advertisers and the people who sell to them. Rosetta Stone says Google has violated federal trademark law by auctioning Rosetta Stone’s trademarked name to other advertisers through Google’s [...]
Car Search Upheld Even After Gant
By Deborah Elkins
Published: August 2, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge Clyde H. Hamilton, Search & Seizure
A police officer who stopped defendant for an expired license plate, discovered he had a suspended license and then cuffed him and put him into the patrol car when defendant kept trying to reach under his seat, conducted a search that was legal and objectively reasonable at the time, and the district court should not [...]
Tailgating Traffic Stop Was All About Drugs
By Deborah Elkins
Published: July 27, 2011
Tags: 4th U.S. Circuit Court of Appeals, Judge Clyde H. Hamilton, Search & Seizure
The 4th Circuit upholds suppression of 34,091 Oxycodone pills found in defendant’s rental car because the trooper who stopped defendant’s car on I-95 for tailgating violated defendant’s Fourth Amendment rights when the trooper spent the next 15 minutes asking defendant about drugs, and defendant involuntarily consented to a vehicle search. Pursuant to Terry v. Ohio, [...]
Foot surgery case reinstated on fraud claim against podiatrist
By Peter Vieth
Published: March 2, 2011
Tags: Federal Courts, Fraud, Judge Clyde H. Hamilton, Judge Dennis W. Shedd, Judge James C. Turk, Judge Robert B. King
A $2.35-million lawsuit over failed foot surgery, rejected by a Roanoke federal judge as an artful attempt to evade the statute of limitations, is alive again after an appeals court panel took a sharply different view of claims that a podiatrist intentionally hid information from his patient. The Feb. 24 unpublished per curiam decision from [...]
Court Sticks By McKinney ‘Intermediate Rule’
By Deborah Elkins
Published: February 1, 2011
Tags: 4th U.S. Circuit Court of Appeals, Civil Procedure, Judge Clyde H. Hamilton
The en banc 4th Circuit adheres to the McKinney rule for counting the 30-day period to remove a suit from state to federal court, which says the first-served defendant should file the notice of removal within 30 days of service, and later-served defendants have 30 days to join in the notice; the district court erred [...]
Criminal – Sentencing – Firearm Charge – Felony Escape – Violent Crime
By Deborah Elkins
Published: December 15, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Clyde H. Hamilton
The 4th Circuit vacates a defendant’s sentence on a firearm charge because, when calculating the advisory sentencing range under the guidelines, the district court erred by counting defendant’s conviction for felony escape under Georgia law as a crime of violence under USSG § 2K2.1(a)(4)(A). Improper calculation of a defendant’s advisory sentencing range under the guidelines [...]
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