Where the government opted to not make an initial closing argument, it should not have been allowed to make a rebuttal closing argument after the defendant’s closing. But because the defendant did not show he was prejudiced by the altered ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

A trust failed to remove the original corporate trustee after it merged with another bank. The trust agreement provided the original corporate trustee could only be removed for cause, and after the merger, the new combined bank stood in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge J. Harvie Wilkinson III

Although two stores suffered property damage while law enforcement was executing search warrants, the damage did not rise to the level of a Fourth Amendment violation because it was not “major” and was plausibly connected to the execution of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge J. Harvie Wilkinson III

Where a defendant pleads guilty to aiding-and-abetting the distribution of a controlled substance, the sentencing court may consider drugs possessed or consumed for “personal use.” In a case of first impression, the court held there is no personal use exception ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where a company has evaded paying damages stemming from its breach of a licensing agreement, an anti-clawback injunction preventing collected funds from being sent to the United Kingdom was within the court’s authority, respected comity and was procedurally sound. A ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge J. Harvie Wilkinson III

A motion to suppress a “substantial” quantity of illegal drugs discovered after the defendant was stopped at a traffic checkpoint was correctly denied because the stop was for a proper purpose and the officers acted reasonably. Background In July 2014, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where the Federal Power Act, or FPA, requires the Federal Energy Regulatory Commission, or FERC, to take steps before it can bring claims against those charged with manipulation of the energy markets, the five-year statute of limitations for filing suit ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

Where the plaintiff, who is blind, is not a current or former member of the Department of Labor and could never have become eligible to join the Department of Labor Federal Credit Union, he lacked standing to challenge the Credit ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge J. Harvie Wilkinson III

Although two state inmates who were federally indicted for coordinating a methamphetamine distribution ring from prison claimed their superseding indictment was filed more than 30 days after an arrest and thus violated the Speedy Trial Act, or STA, there is ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Where the facts showed a defendant convicted of carjacking acted with intent to cause death or serious bodily harm, his attempts to upset his conviction by attacking the jury’s verdict and bringing Fourth and Sixth Amendment challenges failed. Background Following ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III