An African-American defendant who was convicted of drug and firearm charges may not interview the convicting jurors for signs of racial animus, despite a juror’s statement that his peer expressed racial prejudice during deliberations, the 4th U.S. Circuit Court of ...

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

Despite an affidavit asserting jurors made racially tinged statements, the district court did not abuse its discretion in concluding that interviewing jurors would not likely reveal evidence that racial animus was a motivating factor in the vote to convict defendant ...

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

A gag order imposed by the district court overseeing suits against the owners of hog farms breached basic First Amendment principles. Background Hundreds of plaintiffs have alleged that nearby hog farms associated with Murphy-Brown LLC are a private nuisance. Plaintiffs ...

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

Even if an expert witness favored defendants in black lung cases, violated applicable standards, and misled coal miners and the Black Lung Benefits Act tribunals, that witness – like other witnesses – is entitled to absolute immunity from plaintiffs’ RICO ...

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

The Court of Federal Claims, and not federal district court, has jurisdiction over an employee health plan’s suit seeking a refund under the Affordable Care Act. Background The Electrical Welfare Trust Fund is a self-administered, self-insured employee health and welfare ...

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

The Metropolitan Washington Airport Authority defeated a challenge to its use of toll funds for metro services to Dulles airport. Background Appellants here have raised a variety of constitutional and statutory challenges to Metropolitan Washington Airport Authority’s ability to use ...

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

A district court properly dismissed constitutional challenges to Virginia’s civil interdiction process, which can lead to criminal penalties for possession, consumption, or purchase of alcoholic beverages by individuals subject to a civil interdiction order. Background Virginia regulates the consumption, purchase, ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Due Process Eighth Amendment Equal Protection Fourteenth Amendment Judge J. Harvie Wilkinson III

High school staff failed to timely respond to parents’ requests for disability testing, but an administrative fact finder reasonably concluded that the student’s poor scholastic record was caused by his frequent absences and disdain for teachers, not the violation. Background ...

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

Six defendants tried together were properly convicted of murder and attempted murder offenses related to their gang membership. Their convictions were upheld despite challenges to prosecutorial conduct, jury instructions, evidence admitted at trial, joint trial, access to counsel, warrantless cell ...

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

For people asking why trust in institutions is at historic lows, modern tech-driven phenomena are easy targets – think Facebook and Twitter, smart-phone addiction, big data and automation. But in a recent memoir, 4th U.S. Circuit Judge J. Harvie Wilkinson ...

Tagged with: Judge J. Harvie Wilkinson III