Where a law enforcement officer knew there was a warrant for someone named “Lewis,” knew the defendant was known as “Lewis” and the defendant fled when he was told about the warrant, the officer had reasonable suspicion to detain him. Curtilage ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

On the question of whether juror misconduct—seeking a pastor’s advice about the death penalty during deliberations and relaying that communication to other jurors—influenced the jury’s decision to impose the death penalty, a majority of the panel denied an en banc ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Where a prisoner on the autism spectrum was placed in solitary confinement without stimulation for extended periods of time in 2014 and 2015, prison officials were entitled to immunity against his suit because the law holding that the prison’s practice ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Per Curiam Opinion

Where a court failed to consider several mitigating factors that would have placed a defendant in a drug case to within the recommended Sentencing Guideline range of 60 months, and instead departed upward to impose 120 months, the error was ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Although a judge’s comments about pit bulls and dogfighting made after vivid photos and videos were presented during the sentencing of defendants convicted of dogfighting and drug-trafficking offenses were “injudicious,” they did not require recusal. Nor were the sentences procedurally ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Where a defendant convicted in two bank fraud schemes was sentenced under an enhancement that applies when the criminal proceeds are derived from financial institutions, but the proceeds in this case came from third-party purchasers of properties, he was entitled ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Where the plea agreement of a wire fraud defendant stipulated a loss amount corresponding to a 24-level sentencing enhancement but he was given a 26-level enhancement, he demonstrated ineffective assistance of counsel and resulting prejudice by arguing that his lawyer ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Although a real estate developer’s agreement to purchase property for residential development fell through because of a pipeline easement held by a gas transmission company, the developer failed to allege claims for inverse condemnation, unlawful taking, breach of contract and ...

Tagged with: 4th U.S. Circuit Court of Appeals Per Curiam Opinion Tort

Where the inmate demonstrated he was denied a meaningful opportunity to shower and exercise while he was in solitary confinement, and the parties disputed whether the denials were sufficiently serious and whether prison officials acted with a sufficiently culpable state ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Per Curiam Opinion

Where the district court’s conclusions that one party was prevailing and that this case was “exceptional” under the Lanham Act were both rejected, an award of attorneys’ fees was reversed. Background Citi Trends Inc. filed a declaratory judgement action against ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Per Curiam Opinion