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

Although the defendant claimed his federal gun charge could not be based on his Virginia conviction for domestic violence because he did not knowingly and intelligently waive his right to a jury trial in Virginia as required under federal statute, ...

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

The fraud claims of Chinese investors who each invested approximately $500,000 in a start-up car company without reading the underlying investment documents were dismissed because the investors could not have justifiably relied on stray misstatements made by the company’s founders ...

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

By Bill Cresenzo BridgeTower Media Newswires An insurance company that denied benefits to a disabled plant manager in the face of overwhelming evidence of his total disability has been rebuked sharply by the 4th U.S. Circuit Court of Appeals, which ...

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

A life insurance carrier could not ignore the opinions of every doctor who examined a former employee and found that strokes and other health problems meant he would never be able to work again, in favor of its own consultant, ...

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