Where a majority of the judges in regular service and not disqualified did not vote to hear the defendant’s petition for en banc reconsideration of the court’s denial of his motion for bail and stay of sentence pending appeal, his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where the plaintiff-employee waited until her response to the defendant-employer’s summary judgment motion to raise for the first time claims based on a supervisor’s statement that she didn’t want plaintiff on a team because she was afraid plaintiff would file ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge G. Steven Agee

Where there were disputed facts over whether a law enforcement officer used excessive force in fatally shooting an individual carrying a loaded shotgun, the officer is denied summary judgment based on qualified immunity. Background In the course of responding to ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge G. Steven Agee

Where the record showed the defendant was guilty of being a felon in possession of firearms three times over the course of nine months, the district court did not err when it concluded the three incidents qualified as the same ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where UnitedHealthcare failed to provide documents requested by a father who sought payments for services provided to his minor son on the basis the documents were HIPPA-protected, but some were not HIPPA protected, the father had a right to obtain ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge G. Steven Agee

Where a company executive vice president convicted of willful failure to collect or pay taxes and making materially false statements to federal agents conducted the company’s affairs with significant discretion, particularly in relation to delinquent payroll taxes, the district court ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where a detainee sentenced to death alleged he received ineffective assistance of counsel regarding his decision to plead guilty and the process of sentencing explaining, but his arguments were procedurally defaulted or without merit, his claims were rejected. Background In ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where an employee has to stand, walk or lie down as a break from sitting about every 10 minutes and requires heavy levels of narcotics to manage his pain, he is incapable of full-time employment and thus disabled under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge G. Steven Agee

Where media entities sought to unseal existing district court docket and filings as well as any future proceedings, and to vacate a nondisclosure order blocking their state public records requests, the appeal was dismissed because the district court effectively granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge G. Steven Agee

Where the record showed a public defender failed to communicate to the defendant a plea offer of 20 years’ incarceration, there was no prejudice because there was also support for findings that the defendant was unwilling to accept a substantial ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee