Evidence disclosed by the Commonwealth of Virginia in October 2016 that could not have been previously discovered through due diligence supported the defendant’s arguments that, but for a constitutional error, no reasonable factfinder would have found him guilty of first-degree ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Although the defendant’s legal objection to the criminal history calculation was addressed by the sentencing judge, it was error to not address the defendant’s equitable argument for a variance from the sentence for illegal reentry. Background Apolonio Torres-Reyes pleaded guilty ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where the claims and arguments in a death row inmate’s habeas petition did not “fundamentally alter” those previously rejected by the post-conviction court, the district court did not err in rejecting them under a deferential standard of review. A new ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Julius N. Richardson

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where an insurance provider asked whether it must pay a judgment against one party if another party prevailed in the underlying state court case and the district court resolved issues as part of its declaratory judgment ruling, that ruling was ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Julius N. Richardson

Where there was no final judgment under North Carolina’s felony statute against the defendant at the time he was found in possession of firearms, his conviction for being a felon in possession of a firearm under federal law must be ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where Sprint argued that Wireless Buybacks, by purchasing phones from Sprint’s customers for resale, tortiously interfered with contracts between Sprint and its customers, the contracts were found to be ambiguous on whether the practice was forbidden. Background Besides providing cellular ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Julius N. Richardson Tort

Where the police were immediately responding to the scene of where gunshots were heard, it was not unlawful for them to temporarily stop men walking away from the scene. The case was remanded to determine whether the search, which revealed ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Although a defendant’s sentence was boosted to 10 years from the recommended 30 to 37 months because the district court said the interstate nature of his criminal conduct made his crime more serious, there was no evidence the conduct involved ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where a Hungarian businessman sold a company to another Hungarian company, violating an injunction, the Hungarian company’s participation in the businessman’s injunction violation was insufficient to provide the court a basis for exercising personal jurisdiction over it.

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Julius N. Richardson