Considering revocation of the defendant’s supervised release, the district court correctly determined that it lacked jurisdiction to rule on the defendant’s challenge to the constitutionality of his underlying sentence. And based on the nature of the defendant’s threats to his ...

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

United States border authorities must have individualized, reasonable suspicion – but not a warrant – in order to forensically search a cellphone, the 4th U.S. Circuit Court of Appeals ruled May 9. The opinion is U.S. v. Kolsuz (VLW 018-2-091). ...

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

A federal appeals decision denying underinsured motorist coverage for a fatal truck accident has generated “alarm and concern” about the interpretation of millions of Virginia auto insurance policies, according to lawyers for the claimants. A divided panel of the 4th ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Judge Gerald Bruce Lee Judge J. Harvie Wilkinson III

In a class action against Bank of America for failure to provide information regarding lender-paid mortgage insurance, the district court did not err in concluding that the Plaintiffs’ type of mortgage loans didn’t require such disclosures under the Homeowners Protection ...

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

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Albert Diaz Judge Diana Gribbon Motz Judge Elizabeth K. Dillon Judge Henry Coke Morgan Jr. Judge J. Harvie Wilkinson III Justice Stephen R. McCullough

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Dennis W. Shedd Judge J. Harvie Wilkinson III Judge James P. Jones Judge Norman K. Moon Judge Paul M. Black Judge Roger L. Gregory Judge T.S. Ellis III

Even if a debtor filed for bankruptcy in response to a judgment against him and possessed significant assets, the district court did not err in finding that the debtor did not file for bankruptcy in bad faith. Background Appellee Peter ...

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

Federal law permitted harsher sentencing for a defendant’s drug crimes because his prior conviction for voluntary manslaughter in North Carolina qualified as a “violent felony” under the applicable statute. In sentencing Appellant Antoine Smith for drug-possession convictions, the district court ...

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

A medical-implant manufacturer, the defendant at a consolidated trial arising from a much larger multidistrict litigation, did not demonstrate either that consolidation was unfair or that the trial court otherwise committed reversible error, the court of appeals held. Appellant Boston ...

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

The court of appeals upheld Appellant Michael Maynes Jr.’s convictions for sex trafficking, holding that the trial court properly instructed the jury on the definition of “fraud” and also excluded evidence of the victims’ past engagement in commercial sex. A ...

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