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Category Archives: Fourth Circuit Court of Appeals
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SAN BERNARDINO >> The judge in the Colonies corruption trial on Monday said he was leaning toward dismissing two felony charges against one defendant for allegedly failing to report to the state gifts he received from another defendant in 2007. Judge Michael A. Smith, however, declined to dismiss three felony counts of perjury against defendant and former county Assistant Assessor Jim Erwin, saying prosecutors were allowed to charge Erwin with those crimes under general statutes.
The full 15-judge panel of a federal appeals court will examine a challenge to President Donald Trump's revised travel ban next month. Appeals are typically heard first by a three-judge panel before they are possibly examined by all 15 judges.
An appeals court has denied a Virginia transgender teen's request to expedite arguments in his case regarding whether he can use the boys bathroom. Attorneys for Gavin Grimm had asked the 4th U.S. Circuit Court of Appeals to hear arguments in May to facilitate a ruling before Grimm graduates.
The Trump administration dropped a lawsuit Friday accusing North Carolina of discriminating against LGBT residents in response to the state's decision to undo its "bathroom bill." The Justice Department's withdrawal represents the first significant movement in a tangle of legal action over the state's nondiscrimination laws since a deal last month to get rid of House Bill 2. LGBT advocates have vowed to continue a separate federal lawsuit, saying the replacement law still violates the rights of gay and transgender people.
A federal judge in Virginia ruled against a Muslim civil-rights group that sought to block the proposed travel ban by President Donald Trump's administration. The ruling Friday by U.S. District Judge Anthony Trenga is at odds with rulings from federal judges in Hawaii and Maryland who have issued orders preventing the bulk of the executive order from taking effect.
A Virginia death row inmate convicted of hiring a man to kill his ex-girlfriend is asking a federal appeals court to put his April execution on hold. Attorneys for Ivan Teleguz filed a motion Tuesday with the 4th U.S. Circuit Court of Appeals.
The case of transgender high school student Gavin Grimm, seen here last year, has been sent back to a lower court by the Supreme Court. In a reversal, the Supreme Court says it will not hear Gavin Grimm's lawsuit against a school policy that requires students to use the bathroom corresponding to their biological sex.
An Illinois appellate court has temporarily barred Gov. Bruce Rauner from imposing his contract terms on the state's largest public employee union. The 4th District Court of Appeals sided with the American Federation of State, County and Municipal Employees Council 31 on Friday.
Gavin Grimm of Gloucester says he can use the bathroom that matches his gender identity. The School Board disagrees, and the Supreme Court is set to hear the case.
A federal appeals court on Tuesday upheld Maryland's ban on assault rifles, ruling gun owners are not protected under the U.S. Constitution to possess "weapons of war," court documents showed. The U.S. Court of Appeals for the Fourth Circuit decided 10-4 that the Firearm Safety Act of 2013, a law in response to the massacre in Newtown, Connecticut, by a gunman with an assault rifle, is not protected under the right to bear arms within the Second Amendment.
In his 72 years, Judge J. Harvie Wilkinson III of the 4th U.S. Circuit Court of Appeals, who was raised in segregated Richmond, Va., acknowledges that he has seen much change, often for the better, including advances in the 1960s. But in his elegant new memoir, "All Falling Faiths: Reflections on the Promise and Failure of the 1960s," he explains why today's distemper was incubated in that "burnt and ravaged forest of a decade."
A former Army surgeon who has always insisted he was wrongly convicted of slaughtering his pregnant wife and their two young daughters nearly 50 years ago won't give up, even if his latest appeal fails to clear his name, his lawyer says. Jeffrey MacDonald is "going to keep fighting and will continue to maintain his innocence until the end of his days," Attorney Hart Miles said after a hearing at the 4th U.S. District Court of Appeals on Thursday.
In a Tuesday, Nov. 24, 2015 file photo, former Massey Energy CEO Don Blankenship, left, walks out of the Robert C. Byrd U.S. Courthouse after the jury deliberated for a fifth full day in his trial, in Charleston, W.Va. A federal appeals court has affirmed the conviction of former Massey Energy CEO Don Blankenship in connection with the deadliest U.S. mine disaster in four decades.
A federal appeals court has affirmed the conviction of former Massey Energy CEO Don Blankenship in connection with the deadliest U.S. mine disaster in four decades. The Charleston Gazette-Mail reports that the 4th U.S. Circuit Court of Appeals handed down the opinion today, saying it found no reversible errors in trial rulings.
A federal appeals court on Thursday let stand former Massey Energy Co Chief Executive Donald Blankenship's conviction for conspiracy and one-year prison sentence related to his role in a 2010 West Virginia coal mine explosion that killed 29 workers. The 4th U.S. Circuit Court of Appeals rejected Blankenship's argument that his conviction should be overturned because the trial judge made several errors, and because prosecutors did not properly allege the specific mine safety regulations he allegedly conspired to violate.
The last significant act of outgoing Republican Gov. Pat McCrory 's tempestuous administration has been to go along with GOP legislators and sign into law at least one quickly put together bill that will diminish the power of his Democratic successor. McCrory must still decide whether to sign a second bill passed by a Republican-dominated General Assembly that has repeatedly tugged the man who campaigned in 2012 as Charlotte's moderate former mayor into hard-right turf.
ATOWERING, rose-hued cross on a highway median strip a mile west of the District, in the Maryland suburbs, is a symbol of several things - of Christianity, certainly; of the sacrifice of soldiers from Prince George's County who died in World War I, in whose honor the cross was erected in the 1920s; and of the tangled jurisprudence and fervent debate regarding religious displays in the public realm, which has flummoxed the Supreme Court and other tribunals for years.
The Fourth Circuit Court of Appeals affirmed a $2.5 million jury verdict awarded to the family of a man who was burned alive by a defective Ryobi ride-on lawn mower, according to Shapiro, Appleton & Duffan, the firm representing the plaintiff. The affirmance is a victory not only for the Wright family, but for consumers of all products who are entitled to be notified when a manufacturer or distributor becomes aware of a deadly or dangerous product defect.