By DAVID DONOVAN BridgeTower Media Newswires The U.S. government will have to refund the restitution money it collected from a defendant who died while his conviction was on appeal, the 4th U.S. Circuit Court of Appeals has ruled in an ...

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

The circuit court did not err in holding that a father in prison on his third shoplifting offense could not meet his child’s need for stable housing, language development, and proper nutrition and clothing, even upon release. Background The Charlotte ...

Tagged with: Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

Although a mother had gotten a job, completed parenting classes, and attended counseling, her housing was not stable enough to provide care for her three young children, two of whom needed therapy. Background Appellant Misty Watkins and Johnathan Watkins are ...

Tagged with: Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

The owner of one unit in a condominium development stated a breach-of-contract claim against the Condominium Council, based on allegations that its Board unilaterally incorporated it into a non-stock corporation. Background According to her pleadings, Appellant Pammalla Uplinger is a ...

Tagged with: Civil Practice Contract Corporate Per Curiam Opinion Supreme Court of Virginia

The district court erred in sentencing the defendant as a career offender because his prior convictions for conspiracy to distribute and possess with intent to distribute cocaine are not controlled substance offenses for career offender purposes. No career-offender predicates Appellant ...

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

Petitioner Darryl S. Jackson Jr. seeks a writ of habeas corpus on grounds that his trial counsel inadequately challenged the sufficiency of the evidence that he possessed a firearm as a person convicted of a felony under Code § 18.2-308.2. ...

Tagged with: Constitutional Criminal Per Curiam Opinion Supreme Court of Virginia

The Federal Aviation Administration’s extensions of its own decision deadlines were not equitable justification for untimely filing of a petition to review its ultimate determination. Background The Grand Strand Airport is a public use, general aviation airport located in Horry ...

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

It was not arbitrary or capricious for U.S. Citizenship and Immigration Services to reject special immigrant juvenile status for a Salvadoran girl on the basis of a state court order that lacked a factual basis for permanent custody with her ...

Tagged with: 4th U.S. Circuit Court of Appeals Domestic Relations Immigration Per Curiam Opinion

Animal rights groups sufficiently alleged an injury-in-fact to support their standing to challenge a recent North Carolina statute allowing employers to hold their employees civilly liable for damage caused by unauthorized access to nonpublic areas. Background The North Carolina Property ...

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

The court of appeals granted two petitions for writs of actual innocence, based on another person’s confession to both robberies for which the petitioner was convicted. Background In 2007, Petitioner Gary Bush was convicted in the City of Petersburg Circuit ...

Tagged with: Criminal Per Curiam Opinion Virginia Court of Appeals