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

Where a Maryland law requires newspapers and other media platforms to publish certain information about the political ads they carry and retain that information for inspection, the law violates the First Amendment under either strict or exacting scrutiny. Background A ...

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

Where the Board of Immigration Appeals, or BIA, remands a case to the immigration judge for background checks, the court joins the majority of circuits in holding the BIA’s decision is not a final order of removal for purposes of ...

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

Where a defendant found guilty of being a felon in possession of a firearm under the Armed Career Criminal Act, or ACCA, had his sentenced reduced because of a 2015 Supreme Court decision, the reduction was in error because his ...

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

Where the Medicaid Act’s free-choice-of provider provision creates a private right enforceable under 42 U.S.C. § 1983 and the Medicaid recipient established she would suffer irreparable harm in the absence of a preliminary injunction, South Carolina was stopped from terminating ...

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

A divided federal appeals panel has overturned the convictions of three accused drug distributors because a jury never was asked if the charges were brought in the right locality. A two-judge majority of a panel of the 4th U.S. Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals News Criminal Judge Irene C. Berger Judge J. Harvie Wilkinson III Judge Robert B. King