Although the state trial court told defendant the most he could get for two DUI-related charges was six years, the court’s life-imprisonment sentence under West Virginia’s recidivist proceedings, after defendant pleaded guilty to the DUI charges, did not warrant habeas ...

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

The 4th Circuit repudiates the “McKinney” rule as drawn from dicta in a 1992 case, and joins other federal circuit courts to adopt the “last-served” rule which gives each defendant, after service, 30 days to file a notice of removal ...

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

The 4th Circuit rejects this appeal from a defendant convicted of aggravated identity theft and health care fraud for his role in operation of a medical transport business that received funds for transport of Medicaid patients. Defendant argues the government ...

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

A car dealership cannot sue a consumer Web site on which shoppers posted negative experiences for defamation and tortious interference with business expectancy; the 4th Circuit affirms the district court holding that defendant Consumeraffairs.com Inc. has immunity from suit under ...

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

Trying defendant’s firearm possession charge with charges arising from a carjacking several weeks earlier was an improper joinder under Fed. R. Crim. P. 8; it was prejudicial to defendant, as the evidence on the firearm charge was overwhelming, but the ...

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