Fourth Circuit Court of Appeals

US v. Damian Phillips & $200,000 (4th Cir., filed 2/21/18): Fourth Circuit Decides Appropriate Test for Third-Party Standing in Civil Forfeiture cases.

US v. Damian Phillips & $200,000 (4th Cir., filed 2/21/18): Fourth Circuit Decides Appropriate Test for Third-Party Standing in Civil Forfeiture cases.

United States v. Blue, 4th Cir., filed 12/12/17: Vacate and Remand on Sentencing Issue; Judge did not adequately consider Blue’s non-frivolous arguments in favor of downward departure

Gray v. Ballard, 4th Cir., filed 2/8/17: When Newly-Discovered DNA Evidence is “Timely” for Tolling under AEDPA. Not Good News for Habeas Petitioners

United States v. Chamberlain (4th Cir., 8/18/17) Fourth Circuit Abrogates Rule Allowing Forfeiture of Substitute Assets Pre-trial.

US v. Hemza Lefsih, 4th Cir., filed 8/14/17: Improper Judicial Comments Results in Reversal of Immigration Fraud Conviction

US v. Mark Concha (4th Cir. 6/16/17): Factors the Sentencing Judge May NOT Consider under USSG §5K1.1 and 18 U.S.C. §3553(e).

United States v. Master Giddins (4th Cir., 6/6/17) Reversal on Miranda violation issue; Economic Coercion. Robust dissent by Judge Agee.

Maurice S. Hope v. Cartledge, Warden (4th Cir, 5/22/17): Denial of habeas relief when trial counsel fails to request alibi instruction; important dissent by Judge Thacker who offers lesson in due process first principles.

United States v. Steve Hale (4th Cir, 5/17/17): Fences, Addicts, and Stolen Goods, Oh My! The Fourth Circuit Upholds Denial of Willful Blindness Jury Instruction.